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Template:Nutshell 2002 ISDA Close-out Amount: Difference between revisions
Template:Nutshell 2002 ISDA Close-out Amount (view source)
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“'''{{isdaprov|Close-out Amount}}'''” means the losses the {{isdaprov|Determining Party}} would incur (positive) or gains it would realise (negative) in replacing the material terms and the option rights of the parties under a {{isdaprov|Terminated Transaction}}, determined as of the {{isdaprov|Early Termination Date}} in {{tag|good faith}} and in a {{tag|commercially reasonable}} manner. The {{isdaprov|Determining Party}} may determine {{isdaprov|Close-out Amount}}s for groups of {{isdaprov|Terminated Transactions}} as long as all {{isdaprov|Terminated Transactions}} are accounted for. <br> | “'''{{isdaprov|Close-out Amount}}'''” means the losses the {{isdaprov|Determining Party}} would incur (positive) or gains it would realise (negative) in replacing the material terms and the option rights of the parties under a {{isdaprov|Terminated Transaction}}, determined as of the {{isdaprov|Early Termination Date}} (or, if that would not be [[commercially reasonable]], such dates following that date as would be [[commercially reasonable]]) in {{tag|good faith}} and in a {{tag|commercially reasonable}} manner. The {{isdaprov|Determining Party}} may determine {{isdaprov|Close-out Amount}}s for groups of {{isdaprov|Terminated Transactions}} as long as all {{isdaprov|Terminated Transactions}} are accounted for. <br> | ||
{{isdaprov|Unpaid Amounts}} and {{isdaprov|Expenses}} in respect of {{isdaprov|Terminated Transaction}}s are '''excluded''' from the {{isdaprov|Close-out Amount}} calculation. <br> | {{isdaprov|Unpaid Amounts}} and {{isdaprov|Expenses}} in respect of {{isdaprov|Terminated Transaction}}s are '''excluded''' from the {{isdaprov|Close-out Amount}} calculation. <br> | ||
The {{isdaprov|Determining Party}} may consider any of the following (unless it thinks they aren’t available or would produce an unconscionable result): <br> | The {{isdaprov|Determining Party}} may consider any of the following (unless it thinks they aren’t available or would produce an unconscionable result): <br> | ||