Template:ISDA Master Agreement 1992 12: Difference between revisions

{{isdaprov|12}}.''' {{isdaprov|Notices}}'''<br />

 

{{isdaprov|12(a)}} '''Effectiveness'''. Any notice or other communication in respect of this {{isdaprov|Agreement}} may be given in any <br />manner set forth below (except that a notice or other communication under Section {{isdaprov|5}} or {{isdaprov|6}} may not be given <br />by facsimile transmission or electronic messaging system) to the address or number or in accordance with <br />the electronic messaging system details provided (see the {{isdaprov|Schedule}}) and will be deemed effective as <br />indicated:—

:(i) if in writing and delivered in person or by courier, on the date it is delivered;

:(ii) if sent by telex, on the date the recipient’s answerback is received;

:(iii) if sent by facsimile transmission, on the date that transmission is received by a responsible<br />employee of the recipient in legible form (it being agreed that the burden of proving receipt will be <br />on the sender and will not be met by a transmission report generated by the sender’s facsimile <br />machine);

:(iv) if sent by certified or registered mail (airmail, if overseas) or the equivalent (return receipt <br />requested), on the date that mail is delivered or its delivery is attempted; or

:(v) if sent by [[electronic messaging system]], on the date that electronic message is received, <br />

 

unless the date of that delivery (or attempted delivery) or that receipt, as applicable, is not a {{isdaprov|Local Business Day}} <br />

or that communication is delivered (or attempted) or received, as applicable, after the close of business <br />on a {{isdaprov|Local Business Day}}, in which case that communication shall be deemed given and effective on the first <br />following day that is a {{isdaprov|Local Business Day}}. <br />

{{isdaprov|12(b)}} '''Change of Addresses'''. Either party may by notice to the other change the address, telex or facsimile <br />number or electronic messaging system details at which notices or other communications are to be given to <br />it. <br />