KGaA Section 5(a vi None Specified Section 5(a vii None Specified Section 5(b v None Specified 29 in relation to Party B for the purpose of:- Section 5(a v Each Loan Party (as defined in the Credit Agreement) Section 5(a vi None Specified Section 5(a. To the extent that any Other Amounts are so set off, those Other Amounts will be discharged promptly and in all respects. For the purpose of Section 13(c) of this Agreement: Party B appoints as its Process Agent: not applicable. Other than In the case of Section 5(b i)2) where the relevant payment, delivery or compliance is actually required on the relevant day (in which case no Waiting Period will apply a period of three Local Business Days (or. Upon request, provided, however, that such financials are deemed to be delivered hereunder on the date the same shall be posted on the website: http www, m Yes 34 Part 4 Miscellaneous (a) Addresses for Notices. For the purpose of this Section 8, it will be sufficient for a party to demonstrate that it would have suffered a loss had an actual exchange or purchase been made. Date: Date: Copyright 2002 by International Swaps and Derivatives Association, Inc. (g) 2002 Master Agreement Protocol.
Isda Master Agreement between Federated & Citibank
Copyright 2002 by International Swaps and Derivatives Association, Inc. If any Additional Representation is specified in the Schedule or any Confirmation as applying, the party or parties specified for such Additional Representation will make and, if applicable, be deemed to repeat such Additional Representation at the time or times specified for such Additional Representation. Isda Master Agreement between Federated Citibank. Stamp Tax means any stamp, registration, documentation or similar tax. (g) Credit Support Provider. An amendment, modification or waiver in respect of this Agreement will only be effective if in writing (including a writing evidenced by a facsimile transmission) and executed by each of the parties or confirmed by an exchange of telexes. (b change of Account.
(c) The Office through which a party enters into a Transaction will be the Office specified for that party in the relevant Confirmation or as otherwise agreed by the parties in writing, and, if an Office for that. In the absence of written confirmation from the source of a"tion or market data obtained in determining a Close-out Amount, the records of the party obtaining such"tion or market data will be conclusive evidence of the existence. A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will. (f) Payee Tax Representations. In the light of the above legal position, what we need to decide at the outset is whether the amounts paid by the assessee to the non-resident agents could be termed as consideration for the rendering of any managerial, technical and consultancy services. Taxpayer identification number. Tax Event has the meaning specified in Section 5(b). If a party defaults in the performance of any obligation required to be settled by delivery, it will on demand (A) compensate the other party to the extent provided for in the relevant Confirmation or elsewhere in this Agreement and (B) unless otherwise. Non-affected Party means, so long as there is only forex gain or loss account payable hedging impact one Affected Party, the other party. The party or any Credit Support Provider of such party consolidates or amalgamates with, or merges with or into, or transfers all or substantially all its assets to, or reorganises, reincorporates or reconstitutes into or as, another entity and,.
The election may be made in the Schedule or any Confirmation by specifying that Multiple Transaction Payment Netting applies to the Transactions identified as being subject to the election (in which case clause (ii) above will not apply to such Transactions). The parties irrevocably consent to service of process given in the manner provided for notices in Section 12(a i 12(a iii) or 12(a iv). Each representation specified in the Schedule as being made by it for the purpose of this Section 3(f) is accurate and true. Incorporated party) balance forex gain or loss account payable hedging impact sheet and shall include, in the case of.S. If for any reason the amount in the Contractual Currency so received falls short of the amount in the Contractual Currency payable in respect of this Agreement, the party required to make the payment will, to the extent permitted by applicable. Upon the occurrence or effective designation of an Early Termination Date in respect of a Transaction: (1) Unpaid Amounts.
Section: 9(1 vii) itatonline
The party (the Burdened Party) on the next succeeding Scheduled Settlement Date will either (1) be required to pay an additional amount in respect of an Indemnifiable Tax under Section 2(d i 4) (except in respect of interest under Section 9(h). If an obligation is unascertained, X may in good faith estimate that obligation and set off in respect of the estimate, subject to the relevant party accounting to the other when the obligation is ascertained. Expenses A Defaulting Party will on demand indemnify and hold harmless the other party for and against all reasonable out-of-pocket expenses, including legal fees, execution fees and Stamp Tax, incurred by such other party by reason of the enforcement. Event of Default has the meaning specified in Section 5(a) and if applicable, in the Schedule. For the purpose of Section 3(e) of this Agreement, Party A will make the following representation and Party B will make the following representation: It is not required by any applicable law, as modified by the practice of any relevant governmental revenue. For the purpose of Section 3(f) of the Agreement, Party A and Party B make the representations specified below, if any: The following representation will apply to Party A: It is a national banking association organized under the laws of the United States and its.S.
This Agreement will be governed by and construed in accordance with the law specified in the Schedule. Y Close-out Amount will be determined by the Determining Party (or its agent which will act in good faith and use commercially reasonable procedures in order to produce a commercially reasonable result. If a Termination Event other than a Force Majeure Event occurs, an Affected Party will, promptly upon becoming aware of it, notify the other party, specifying the nature of that Termination Event and each Affected Transaction, and will also. The Determining Party will consider, taking into account the standards and procedures described in this definition,"tions pursuant to clause (i) above or relevant market data pursuant to clause (ii) above unless the Determining Party reasonably believes in good faith that. Office means a branch or office of a party, which may be such partys head or home office. Termination Currency means (a) if a Termination Currency is specified in the Schedule and that currency is freely available, that currency, and (b) otherwise, euro if this Agreement is expressed to be governed by English law or United States Dollars.
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It is capable of evaluating and understanding (on its own behalf or forex gain or loss account payable hedging impact through independent professional advice and understands and accepts, the terms, conditions and risks of that Transaction. Non-default Rate means the rate certified by the Non-defaulting Party to be a rate offered to the Non-defaulting Party by a major bank in a relevant interbank market for overnight deposits in the applicable currency, such bank. Transfer Subject to Section 6(b ii) and to the extent permitted by applicable law, neither this Agreement nor any interest or obligation in or under this Agreement may be transferred (whether by way of security or otherwise) by either party. An Early Termination Amount due in respect of any Early Termination Date will, together with any amount of interest payable pursuant to Section 9(h ii 2 be payable (1) on the day on which notice of the amount payable. (h) Interest and compensation.
It is also capable of assuming, and assumes, the financial and other risks of that Transaction. 38 (d) Escrow Payments. If, however, Automatic Early Termination is specified in the Schedule as applying to a party, then an Early Termination Date in respect of all outstanding Transactions will occur immediately upon the occurrence with respect to such party. This Section 6(f) will be without prejudice and in addition to any right of set-off, offset, combination of accounts, lien, right of retention or withholding or similar right or requirement to which any party is at any time otherwise entitled. Incorporated party, legal capital, paid-in capital, retained earnings and cumulative translation adjustments. (5 (6) or, to the extent analogous thereto, (8 and as of the time immediately preceding the institution of the relevant proceeding or the presentation of the relevant petition upon the occurrence with respect to such party of an Event. Termination Event means an Illegality, a Force Majeure Event, a Tax Event, a Tax Event Upon Merger or, if specified to be applicable, a Credit Event Upon Merger or an Additional Termination Event. (j) Eligible Contract Participant. For the purpose of Section 3 of this Agreement, each of the following will constitute an Additional Representation and each party will be deemed to represent to the other party (unless otherwise noted) on the date on which it enters. (ii) The parties intend that they are legally bound by the terms of each Transaction from the moment they agree to those terms (whether orally or otherwise).