Template:ISDA English Law Credit Support Deed 2018 13(h): Difference between revisions

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(Created page with "(h) “'''{{imcsdprov|Secured Party Rights Event}}'''” means: :(i) an {{isdaprov|Early Termination Date}} in respect of all {{isdaprov|Transaction}}s has occurred or been de...")
 
 
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(h) “'''{{imcsdprov|Secured Party Rights Event}}'''” means:
{{imcsdprov|13(h)}} “'''{{imcsdprov|Secured Party Rights Event}}'''” means:
:(i) an {{isdaprov|Early Termination Date}} in respect of all {{isdaprov|Transaction}}s has occurred or been designated as the result of an {{isdaprov|Event of Default}} or {{imcsdprov|Access Condition}} with respect to the {{imcsdprov|Chargor}} [and the {{imcsdprov|Chargor}} has not paid in full all of its {{isdaprov|Obligation}}s that are then due]; or<br>
:(i) an {{isdaprov|Early Termination Date}} in respect of all {{isdaprov|Transaction}}s has occurred or been designated as the result of an {{isdaprov|Event of Default}} or {{imcsdprov|Access Condition}} with respect to the {{imcsdprov|Chargor}} [and the {{imcsdprov|Chargor}} has not paid in full all of its {{isdaprov|Obligation}}s that are then due]; or<br>
:(ii) if “{{isdaprov|Failure to Pay Early Termination Amount}}” is specified as applicable here, an {{isdaprov|Event of Default}} has occurred and is continuing with respect to the {{imcsdprov|Chargor}} and its obligation to pay an amount under Section {{isdaprov|6(e)}} of the {{isdaprov|Agreement}} relating to an {{isdaprov|Early Termination Date}} with respect to all {{isdaprov|Transaction}}s: {{imcsdprov|Failure to Pay Early Termination Amount}} is Applicable.
:(ii) if “{{imcsdprov|Failure to Pay Early Termination Amount}}” is specified as applicable here, an {{isdaprov|Event of Default}} has occurred and is continuing with respect to the {{imcsdprov|Chargor}} and its obligation to pay an amount under Section {{isdaprov|6(e)}} of the {{isdaprov|Agreement}} relating to an {{isdaprov|Early Termination Date}} with respect to all {{isdaprov|Transaction}}s: {{imcsdprov|Failure to Pay Early Termination Amount}} is {{na}}.
:Notwithstanding the foregoing, if “'''{{imcsdprov|Control Agreement Secured Party Rights Event}}'''” is specified as applicable here with respect to a party as the {{imcsdprov|Chargor}}, a “Secured Party Rights Event” will only occur upon the occurrence of [[one or more]] of the events that the {{imcsdprov|Chargor}} and the {{imcsdprov|Secured Party}} have agreed in the {{imcsdprov|Control Agreement}} or otherwise, will permit the {{imcsdprov|Secured Party}} to exercise sole and exclusive control of the {{imcsdprov|Posted Credit Support (IM)}} held under the {{imcsdprov|Control Agreement}}:
Notwithstanding the foregoing, if “'''{{imcsdprov|Control Agreement Secured Party Rights Event}}'''” is specified as applicable here with respect to a party as the {{imcsdprov|Chargor}}, a “{{imcsdprov|Secured Party Rights Event}}” will only occur upon the occurrence of [[one or more]] of the events that the {{imcsdprov|Chargor}} and the {{imcsdprov|Secured Party}} have agreed in the {{imcsdprov|Control Agreement}} or otherwise, will permit the {{imcsdprov|Secured Party}} to exercise sole and exclusive control of the {{imcsdprov|Posted Credit Support (IM)}} held under the {{imcsdprov|Control Agreement}}:
:With respect to {{isdaprov|Party A}} acting in its capacity as the {{imcsdprov|Chargor}} and {{isdaprov|Party B}} acting in its capacity as the {{imcsdprov|Secured Party}}: {{imcsdprov|Control Agreement Secured Party Rights Event}} is: [Applicable][Not Applicable].
:With respect to {{isdaprov|Party A}} acting in its capacity as the {{imcsdprov|Chargor}} and {{isdaprov|Party B}} acting in its capacity as the {{imcsdprov|Secured Party}}: {{imcsdprov|Control Agreement Secured Party Rights Event}} is: {{na}}.
:With respect to {{isdaprov|Party B}} acting in its capacity as the {{imcsdprov|Chargor}} and {{isdaprov|Party A}} acting in its capacity as the {{imcsdprov|Secured Party}}: {{imcsdprov|Control Agreement Secured Party Rights Event}} is: [Applicable][Not Applicable].
:With respect to {{isdaprov|Party B}} acting in its capacity as the {{imcsdprov|Chargor}} and {{isdaprov|Party A}} acting in its capacity as the {{imcsdprov|Secured Party}}: {{imcsdprov|Control Agreement Secured Party Rights Event}} is: {{na}}.