Examples of Determination Agent Agreement in a sentence
The Determination Agent is not under any obligation to monitor whether or not a Disruption Event other than a Price Source Disruption has occurred or is continuing with respect to any Business Day and shall have no liability to the Issuer, any Securityholder or any other person for any determination or non-determination that it makes under the Determination Agent Agreement.
The Determination Agent shall, as soon as practicable on such date and/or at such time as the Determination Agent is required in accordance with the Determination Agent Agreement and the Conditions and any other Relevant Provisions, perform such duties and obligations as are required to be performed by it in accordance therewith.
Under the Determination Agent Agreement, the Programme Counterparty has agreed to give notice of the occurrence of a Determination Agent Bankruptcy Event to the Issuer and each Transaction Party (other than the Authorised Participant(s) and the Lead Authorised Participant) as soon as reasonably practicable after it becomes aware of the occurrence of such event.
Any variation in the appointment of the Determination Agent will not be effective unless the Determination Agent has consented to such variation; and (B) to terminate the appointment of the Determination Agent in accordance with the Determination Agent Agreement.
In doing so, the Programme Counterparty shall apply the provisions of the Determination Agent Agreement and the Conditions and the other Relevant Provisions, with any necessary consequential amendments, to the extent that, in its opinion, it can do so, and in all other respects it shall do so in such manner as it shall deem fair and reasonable in the circumstances.
The Determination Agent has no duties or responsibilities except those expressly set forth in the Conditions, the Determination Agent Agreement and the other Relevant Provisions and no implied or inferred duties or obligations of any kind will be read into the Determination Agent Agreement against or on the part of the Determination Agent.
Nothing in the Determination Agent Agreement or in any other Transaction Document may require the Determination Agent to take any action or refrain from taking any action if the same would be contrary to any applicable law, regulation or requirement of any central bank or government or other regulatory authority affecting it.
If the Issuer expressly instructs the Determination Agent to take any action not contemplated by the Relevant Provisions, the Determination Agent will, without prejudice to the standard of care, limitation of liability and indemnity provisions in the Determination Agent Agreement, not be responsible for any action it takes on behalf of the Issuer in accordance with such instructions.
To the extent that the Determination Agent requires clarification of its duties pursuant to the Relevant Provisions, the Determination Agent is entitled to seek instructions from, and to rely entirely and act on the instructions received from, the Issuer and, without prejudice to the standard of care, limitation of liability and indemnity provisions in the Determination Agent Agreement, the Determination Agent will not be responsible for any action it takes in accordance with such instructions.
The Determination Agent will have no responsibility or liability for any Loss resulting from its being unable to perform any functions or obligations under the Determination Agent Agreement if the same results from any law, regulation or requirement (whether or not having the force of law) of any central bank or governmental or other regulatory authority affecting it.