Template:ISDA Master Agreement 2002 5(b)(i): Difference between revisions

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{{isdaprov|5(b)(i)}} '''{{isdaprov|Illegality}}'''. After giving effect to any applicable provision, disruption fallback or remedy specified <br>in, or pursuant to, the relevant {{isdaprov|Confirmation}} or elsewhere in this {{isdaprov|Agreement}}, due to an event or circumstance <br>(other than any action taken by a party or, if applicable, any {{isdaprov|Credit Support Provider}} of such party) <br>occurring after a {{isdaprov|Transaction}} is entered into, it becomes unlawful under any applicable law (including <br>without limitation the laws of any country in which payment, delivery or compliance is required by either <br>party or any {{isdaprov|Credit Support Provider}}, as the case may be), on any day, or it would be unlawful if the relevant <br>payment, delivery or compliance were required on that day (in each case, other than as a result of a breach <br>by the party of Section {{isdaprov|4}}(b)):― <br>
:{{isdaprov|5(b)(i)}} '''{{isdaprov|Illegality}}'''. After giving effect to any applicable provision, disruption fallback or remedy specified in, or pursuant to, the relevant {{isdaprov|Confirmation}} or elsewhere in this {{isdaprov|Agreement}}, due to an event or circumstance (other than any action taken by a party or, if applicable, any {{isdaprov|Credit Support Provider}} of such party) occurring after a {{isdaprov|Transaction}} is entered into, it becomes unlawful under any applicable law (including without limitation the laws of any country in which payment, delivery or compliance is required by either party or any {{isdaprov|Credit Support Provider}}, as the case may be), on any day, or it would be unlawful if the relevant payment, delivery or compliance were required on that day (in each case, other than as a result of a breach by the party of Section {{isdaprov|4}}(b)):―  
:{{isdaprov|5(b)(i)(1)}} for the Office through which such party (which will be the {{isdaprov|Affected Party}}) makes and <br>receives payments or deliveries with respect to such {{isdaprov|Transaction}} to perform any absolute or <br>contingent obligation to make a payment or delivery in respect of such {{isdaprov|Transaction}}, to receive a <br>payment or delivery in respect of such Transaction or to comply with any other material provision <br>of this {{isdaprov|Agreement}} relating to such {{isdaprov|Transaction}}; or <br>
::{{isdaprov|5(b)(i)(1)}} for the Office through which such party (which will be the {{isdaprov|Affected Party}}) makes and receives payments or deliveries with respect to such {{isdaprov|Transaction}} to perform any absolute or contingent obligation to make a payment or delivery in respect of such {{isdaprov|Transaction}}, to receive a payment or delivery in respect of such Transaction or to comply with any other material provision of this {{isdaprov|Agreement}} relating to such {{isdaprov|Transaction}}; or  
:{{isdaprov|5(b)(i)(2)}} for such party or any {{isdaprov|Credit Support Provider}} of such party (which will be the Affected <br>Party) to perform any absolute or contingent obligation to make a payment or delivery which such <br>party or {{isdaprov|Credit Support Provider}} has under any {{isdaprov|Credit Support Document}} relating to such <br>{{isdaprov|Transaction}}, to receive a payment or delivery under such {{isdaprov|Credit Support Document}} or to comply <br>with any other material provision of such {{isdaprov|Credit Support Document}}; <br>
::{{isdaprov|5(b)(i)(2)}} for such party or any {{isdaprov|Credit Support Provider}} of such party (which will be the Affected Party) to perform any absolute or contingent obligation to make a payment or delivery which such party or {{isdaprov|Credit Support Provider}} has under any {{isdaprov|Credit Support Document}} relating to such {{isdaprov|Transaction}}, to receive a payment or delivery under such {{isdaprov|Credit Support Document}} or to comply with any other material provision of such {{isdaprov|Credit Support Document}}; <br>

Latest revision as of 14:56, 2 October 2017

5(b)(i) Illegality. After giving effect to any applicable provision, disruption fallback or remedy specified in, or pursuant to, the relevant Confirmation or elsewhere in this Agreement, due to an event or circumstance (other than any action taken by a party or, if applicable, any Credit Support Provider of such party) occurring after a Transaction is entered into, it becomes unlawful under any applicable law (including without limitation the laws of any country in which payment, delivery or compliance is required by either party or any Credit Support Provider, as the case may be), on any day, or it would be unlawful if the relevant payment, delivery or compliance were required on that day (in each case, other than as a result of a breach by the party of Section 4(b)):―
5(b)(i)(1) for the Office through which such party (which will be the Affected Party) makes and receives payments or deliveries with respect to such Transaction to perform any absolute or contingent obligation to make a payment or delivery in respect of such Transaction, to receive a payment or delivery in respect of such Transaction or to comply with any other material provision of this Agreement relating to such Transaction; or
5(b)(i)(2) for such party or any Credit Support Provider of such party (which will be the Affected Party) to perform any absolute or contingent obligation to make a payment or delivery which such party or Credit Support Provider has under any Credit Support Document relating to such Transaction, to receive a payment or delivery under such Credit Support Document or to comply with any other material provision of such Credit Support Document;