No Event of master Default or Potential Event of Default or, to its knowledge, Termination Event with respect to it has occurred and is continuing and no such event or circumstance would occur as a result of its entering into or performing its obligations under this.
Without affecting the provisions of this Agreement requiring the calculation of certain net payment amounts, all payments under this Agreement will be made without setoff or counterclaim, except that each party to this Agreement (such party, Party X) agreement agrees that, upon an Early Termination Date.
A party will determine its Loss as of the relevant Early Termination Date, or, if that is not reasonably practicable, as of the earliest date thereafter as is reasonably practicable.
Dollar interest-rate swaps; (ii) a standard form master agreement for multi-currency interest-rate and currency swaps (collectively known as the "1987 isda Master Agreement and (iii) the interest rate and currency definitions.(i) This Agreement (and each amendment, modification and waiver in respect of it) may be executed and delivered in counterparts (including by facsimile transmission each of which will be deemed an original.Any such recordings will be used only in connection with any misunderstanding or question arising with respect to any transaction discussed over the telephone by or on behalf of the parties.The provisions of Section 10(a) will apply to this Agreement.In its earliest form, it consisted of standard definitions, representations master and warranties, events master of default, and remedies.(vii) Valuation Date means each Business Day which shall also be the payment date.A clear and detailed commentary on the individual sections and provisions of the 19 isda isda Master Agreements.6 intending TO BE legally bound hereby, master the parties have caused this Schedule to be executed by their duly authorized officers as of the date first above written.In the event of any disputed FMV Change, the relevant party shall pay the undisputed portion of such valuation as required by the preceeding sentence and within two Business Days of resolution of the disputed FMV Change the relevant party shall pay the remaining master portion.(d) Accuracy of Specified Information.This interlocks with other provisions in the isda Master Agreement, such as the taxation representations contained in ss 3(e) and 3(f undertakings in ss 4(a) isda and 4(d and termination events in ss 5(b ii) and 5(b iii).The party, any Credit Support Provider of such party or any applicable Specified Entity of such party: (1) is dissolved (other than pursuant to a consolidation, amalgamation or merger (2) becomes insolvent or is unable to pay its debts or fails or admits in writing its.7 7/01/08 intending TO BE legally bound hereby, the parties have caused this Schedule to be executed by their duly authorized officers as of the date first above written.Each payment under this Agreement will be made in the relevant currency specified in this Agreement for that payment (the Contractual Currency). Any purported transfer that size is not in compliance with this sniper Section will be void.
Dollars at the rate of exchange at which such party would be able, acting in a reasonable manner and in good faith, manual to isda purchase such amount.
Such amount is payable for the loss of bargain and the loss of protection against future risks and except as otherwise provided in this Agreement agreement neither party will be entitled to recover any addition damages as a consequence of such losses.
If a Termination Event occurs, an Affected Party will, promptly upon becoming aware of it, notify the other agreement party, specifying the nature of that Termination Event and each Affected Transaction and will also crack give such other information about that Termination Event as the other party.
The main legal issues surrounding the Agreement and OTC derivatives from UK and US legal perspectives.
Without limiting the representations explicitly set out herein, each party has entered into time this Agreement and each Transaction in reliance only upon its judgment, in order to accomplish legitimate business needs.
Applicable Rate means: (a) in respect of obligations payable or deliverable (or which would have been but for Section 2(a iii) by a Defaulting Party, the Default Rate; (b) in respect of an obligation to pay an amount under Section 6(e) of either party from.
Non-defaulting Party has the meaning specified in Section 6(a).(f) Credit Support Document.The aggregate of the Close-out Amounts and Unpaid Amounts is referred to as the "Early Termination Amount".Either party may by notice to the other change the address, telex or facsimile number or electronic messaging system details at which notices or other communications are to be given.Dollars may be converted by the Non-defaulting Party into.S.If the parties fail to designate a payment measure or payment method in the Schedule, it will be deemed that Market"tion or the Second Method, as the case may be, shall apply.The English law Credit Support Annexes are Confirmations, and the transactions constituted by them are Transactions, under the Master Agreement and therefore form part of the single agreement together with the Master Agreement.(iii) Qualified Financial Contract.
If a conflict exists (1) between the provisions isda master agreement pdf of the isda Definitions and this Agreement, this Agreement will prevail, (2) between the provisions of a Confirmation and the isda Definitions, the Confirmation will prevail and (3) between the provisions of a Confirmation and this Agreement.
Consent includes a consent, approval, action, authorisation, exemption notice, filing, registration or exchange control consent.
Offices; Multibranch Parties (a) If Section 10(a) is specified in the Schedule as applying, each party that enters into a Transaction through an Office other than its head or home office represents to the other party that, notwithstanding the place of booking office or jurisdiction.