82,892
edits
Template:ISDA Master Agreement 2002 Unpaid Amounts: Difference between revisions
Template:ISDA Master Agreement 2002 Unpaid Amounts (view source)
Revision as of 09:32, 18 April 2018
, 18 April 2018no edit summary
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary |
||
| (One intermediate revision by the same user not shown) | |||
| Line 2: | Line 2: | ||
:(a) in respect of all {{isdaprov|Terminated Transactions}}, the amounts that became payable (or that would have become payable but for Section {{isdaprov|2(a)(iii)}} or due but for Section {{isdaprov|5(d)}}) to such party under Section {{isdaprov|2(a)(i)}} or {{isdaprov|2(d)(i)}}(4) on or prior to such {{isdaprov|Early Termination Date}} and which remain unpaid as at such {{isdaprov|Early Termination Date}}, | :(a) in respect of all {{isdaprov|Terminated Transactions}}, the amounts that became payable (or that would have become payable but for Section {{isdaprov|2(a)(iii)}} or due but for Section {{isdaprov|5(d)}}) to such party under Section {{isdaprov|2(a)(i)}} or {{isdaprov|2(d)(i)}}(4) on or prior to such {{isdaprov|Early Termination Date}} and which remain unpaid as at such {{isdaprov|Early Termination Date}}, | ||
:(b) in respect of each {{isdaprov|Terminated Transaction}}, for each obligation under Section {{isdaprov|2(a)(i)}} which was (or would have been but for Section {{isdaprov|2(a)(iii)}} or {{isdaprov|5(d)}}) required to be settled by delivery to such party on or prior to such {{isdaprov|Early Termination Date}} and which has not been so settled as at such {{isdaprov|Early Termination Date}}, an amount equal to the fair market value of that which was (or would have been) required to be delivered and | :(b) in respect of each {{isdaprov|Terminated Transaction}}, for each obligation under Section {{isdaprov|2(a)(i)}} which was (or would have been but for Section {{isdaprov|2(a)(iii)}} or {{isdaprov|5(d)}}) required to be settled by delivery to such party on or prior to such {{isdaprov|Early Termination Date}} and which has not been so settled as at such {{isdaprov|Early Termination Date}}, an amount equal to the fair market value of that which was (or would have been) required to be delivered and | ||
:(c) if the {{isdaprov|Early Termination Date}} results from an {{isdaprov|Event of Default}}, a {{isdaprov|Credit Event Upon Merger}} or an {{isdaprov|Additional Termination Event}} in respect of which all outstanding {{isdaprov|Transactions}} are {{isdaprov|Affected Transactions}}, any {{isdaprov|Early Termination Amount}} due prior to such {{isdaprov|Early Termination Date}} and which remains unpaid as of such {{isdaprov|Early Termination Date}}, in each case together with any amount of interest accrued or other compensation in respect of that obligation or deferred obligation, [[as the case may be]], pursuant to Section {{isdaprov|9(h)}}(ii)(l) or (2), as appropriate. | :(c) if the {{isdaprov|Early Termination Date}} results from an {{isdaprov|Event of Default}}, a {{isdaprov|Credit Event Upon Merger}} or an {{isdaprov|Additional Termination Event}} in respect of which all outstanding {{isdaprov|Transactions}} are {{isdaprov|Affected Transactions}}, any {{isdaprov|Early Termination Amount}} due prior to such {{isdaprov|Early Termination Date}} and which remains unpaid as of such {{isdaprov|Early Termination Date}}, <br> | ||
in each case together with any amount of interest accrued or other compensation in respect of that obligation or deferred obligation, [[as the case may be]], pursuant to Section {{isdaprov|9(h)}}(ii)(l) or (2), as appropriate. <br> | |||
The [[fair market value]] of any obligation referred to in clause (b) above will be determined as of the originally scheduled date for delivery, in [[good faith]] and using [[commercially reasonable]] procedures, by the party obliged to make the determination under Section {{isdaprov|6(e)}} or, if each party is so obliged, it will be the average of the {{isdaprov|Termination Currency Equivalent}}s of the [[fair market value]]s so determined by both parties. <br> | The [[fair market value]] of any obligation referred to in clause (b) above will be determined as of the originally scheduled date for delivery, in [[good faith]] and using [[commercially reasonable]] procedures, by the party obliged to make the determination under Section {{isdaprov|6(e)}} or, if each party is so obliged, it will be the average of the {{isdaprov|Termination Currency Equivalent}}s of the [[fair market value]]s so determined by both parties. <br> | ||
{{linebreaks}} | {{linebreaks}} | ||