Template:ISDA Master Agreement 2002 Unpaid Amounts: Difference between revisions

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“'''{{isdaprov|Unpaid Amounts}}'''” owing to any party means, with respect to an {{isdaprov|Early Termination Date}}, the aggregate of (a) in respect <br>of all {{isdaprov|Terminated Transactions}}, the amounts that became payable (or that would have become payable but for Section <br>{{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}} <br>and which remain unpaid as at such {{isdaprov|Early Termination Date}}, (b) in respect of each {{isdaprov|Terminated Transaction}}, for each <br>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 <br>delivery to such party on or prior to such {{isdaprov|Early Termination Date}} and which has not been so settled as at such <br>{{isdaprov|Early Termination Date}}, an amount equal to the fair market value of that which was (or would have been) required to be <br>delivered and (c) if the {{isdaprov|Early Termination Date}} results from an {{isdaprov|Event of Default}}, a {{isdaprov|Credit Event Upon Merger}} or an <br>{{isdaprov|Additional Termination Event}} in respect of which all outstanding {{isdaprov|Transactions}} are {{isdaprov|Affected Transactions}}, any <br>{{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<br>
“'''{{isdaprov|Unpaid Amounts}}'''” owing to any party means, with respect to an {{isdaprov|Early Termination Date}}, the aggregate of (a) in respect <br>of all {{isdaprov|Terminated Transactions}}, the amounts that became payable (or that would have become payable but for Section <br>{{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}} <br>and which remain unpaid as at such {{isdaprov|Early Termination Date}}, (b) in respect of each {{isdaprov|Terminated Transaction}}, for each <br>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 <br>delivery to such party on or prior to such {{isdaprov|Early Termination Date}} and which has not been so settled as at such <br>{{isdaprov|Early Termination Date}}, an amount equal to the fair market value of that which was (or would have been) required to be <br>delivered and (c) if the {{isdaprov|Early Termination Date}} results from an {{isdaprov|Event of Default}}, a {{isdaprov|Credit Event Upon Merger}} or an <br>{{isdaprov|Additional Termination Event}} in respect of which all outstanding {{isdaprov|Transactions}} are {{isdaprov|Affected Transactions}}, any <br>{{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<br>
compensation in respect of that obligation or deferred obligation, as the case may be, pursuant to Section {{isdaprov|9(h)}}(ii)(l) or (2), <br>as appropriate. The fair market value of any obligation referred to in clause (b) above will be determined as of the <br>originally scheduled date for delivery, in good faith and using commercially reasonable procedures, by the party obliged <br>to make the determination under Section {{isdaprov|6(e)}} or, if each party is so obliged, it will be the average of the <br>{{isdaprov|Termination Currency Equivalents}} of the fair market values so determined by both parties.<br>
compensation in respect of that obligation or deferred obligation, as the case may be, pursuant to Section {{isdaprov|9(h)}}(ii)(l) or (2), <br>as appropriate. The fair market value of any obligation referred to in clause (b) above will be determined as of the <br>originally scheduled date for delivery, in good faith and using commercially reasonable procedures, by the party obliged <br>to make the determination under Section {{isdaprov|6(e)}} or, if each party is so obliged, it will be the average of the <br>{{isdaprov|Termination Currency Equivalent}}s of the fair market values so determined by both parties.<br>