Unremedied failure to manufacture payments - GMSLA Provision

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GMSLA Anatomy™


In a Nutshell Clause 10.1(b):

10.1(b) Unremedied failure to manufacture Income: Lender or Borrower fails to manufacture Income on Loaned Securities or Collateral when due and has not remedied that failure within three Business Days of notice from the Non Defaulting Party requiring remediation;
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2010 GMSLA full text of Clause 10.1(b):

10.1(b) Lender or Borrower failing to comply with its obligations under paragraph 6.2 or 6.3 upon the due date and not remedying such failure within three Business Days after the Non Defaulting Party serves written notice requiring it to remedy such failure;
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Note the tedious back and forth of notices here.

  • First, the Income has to be due under the Collateral or Loaned Securities.
  • Then the person obliged under Paragraph 6 to manufacture the Income back has to fail to do so, on that due date.
  • Then the aggrieved party has to tell the delinquent one — note: it is not yet technically a “Defaulting Party” as there is a grace period — that it has failed to make that payment, and ask it to make the payment within three Business Days.
  • Then the delinquent party has to fail to remediate the manifactured Income payment by close on the third Business Day after that notice. Then the aggreived party can notify the delinquent party — whereupon it becomes a “Defaulting Party” — that it is, finally, an Event of Default.