Calculation of Liquidation Amount. Where we have notified you of a Liquidation Date: (a) neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount; (b) we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency specified by us in writing or, failing any such specification, the lawful currency of the United Kingdom (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation); and (c) we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency (the "Liquidation Amount").
Appears in 12 contracts
Samples: Professional Client Agreement, Professional Client Agreement, Eligible Counterparty Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount;
(b) we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us or otherwise in writing or, failing any such specification, the lawful currency Currency of the United Kingdom (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-re- establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation); and
(c) we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "Liquidation Amount").
Appears in 4 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) 13.4.1 neither of us party shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clauseClause 13.4, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation AmountAmount (as defined in Clause 13.4.3);
(b) we 13.4.2 the Non-Defaulting Party shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) Clause 13.4.1 the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us as such in writing orthe Individually Agreed Terms Schedule, failing any such specification, the lawful currency of the United Kingdom (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-re- establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation); and
(c) we 13.4.3 the Non-Defaulting Party shall treat each cost or loss to usit, determined as above, as a positive amount and each gain by usit, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "“Liquidation Amount"”).
Appears in 3 contracts
Samples: Terms of Business, Terms of Business, Terms of Business
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount;
(b) we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the of this sub-clause, its total cost, loss or, as the case may be, gain, in each case expressed in a currency the Currency specified by us as such in writing or, failing any such specification, the lawful currency Currency of the United Kingdom (the "Base Currency") (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-re- establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Exchange/Market as may be available on, or immediately preceding, the date of calculation); and
(c) we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "Liquidation Amount").
Appears in 3 contracts
Samples: Terms of Business, Terms of Business, Terms of Business
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount;
(b) we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) ), the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us as such in the Individually Agreed Terms Schedule or otherwise in writing or, failing any such specification, the lawful currency Currency of the United Kingdom (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain gain, as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation); and
(c) we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "Liquidation Amount").
Appears in 3 contracts
Samples: Retail Client Agreement (No Advice), Professional Client Agreement, Retail Client Agreement (No Advice)
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) neither of us shall be obliged to make any further payments pay ments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off setoff or otherwise) of the Liquidation Amount;
(b) we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriateappro priate), in respect of each Netting Transaction referred to in paragraph (a) above the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us in writing or, failing any such specification, the lawful currency Currency of the United Kingdom (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing reestablishing of any hedge or related trading positionposi tion) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately precedingpre ceding, the date of calculation); and
(c) we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "“Liquidation Amount"”).
Appears in 3 contracts
Samples: Professional Client Agreement, Professional Client Agreement, Professional Client Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) neither of us Party shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount;
(b) we APM shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph sub- clause (a) ), the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us APM as such in the Agreement or otherwise in writing or, failing any such specification, the lawful currency of the United Kingdom (States of America and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain gain, as a result of the termination, liquidation, obtaining, performing or re-re- establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation); and
(c) we APM shall treat each cost or loss to usit, determined as above, as a positive amount and each gain by usAPM, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "Liquidation Amount"). Registered with Abu Dhabi Global Market (ADGM) as a Private Company Limited by Shares (RN 000005466). Authorized and regulated by the Financial Services Regulatory Authority of the ADGM (FSP No. 200034).
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) a. neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount;
(b) b. we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph paragraph
(a) the total cost, loss or, as the case may be, gain, in each case expressed in a the base currency specified by us or otherwise in writing or, failing any such specification, the lawful currency of the United Kingdom (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-re- establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreementagreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation); and
(c) c. we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "“Liquidation Amount"”).
Appears in 2 contracts
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) neither of us Party shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount;
(b) we APM shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph sub- clause (a) ), the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us APM as such in the Agreement or otherwise in writing or, failing any such specification, the lawful currency of the United Kingdom (States of America and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain gain, as a result of the termination, liquidation, obtaining, performing or re-re- establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation); and
(c) we APM shall treat each cost or loss to usit, determined as above, as a positive amount and each gain by usAPM, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "Liquidation Amount").
Appears in 2 contracts
Samples: Retail Client Agreement, Client Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-set- off or otherwise) of the Liquidation Amount;
(b) we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us or otherwise in writing or, failing any such specification, the lawful currency Currency of the United Kingdom (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-re- establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation); and
(c) we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "Liquidation Amount").
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation AmountAmount (as defined below);
(b) we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us in writing or, failing any such specification, the lawful currency of the United Kingdom States (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market exchange as may be available on, or immediately preceding, the date of calculation); and
(c) we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "“Liquidation Amount"”).
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount;
(b) we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us as such in the Individually Agreed Terms Schedule or otherwise in writing or, failing any such specification, the lawful currency of the United Kingdom (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation)precedent; and
(c) we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "Liquidation Amount").
Appears in 2 contracts
Samples: Organised Trading Facility Terms of Business, Organised Trading Facility Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount;
(b) we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the of this sub-clause, its total cost, loss or, as the case may be, gain, in each case expressed in a currency the Currency specified by us as such in writing or, failing any such specification, the lawful currency Currency of the United Kingdom (the "Base Currency") (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by by, the relevant Exchange/Market as may be available on, or immediately preceding, the date of calculation); and
(c) we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "Liquidation Amount").
Appears in 2 contracts
Samples: Terms of Business, Terms of Business
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) : neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount;
(b) ; we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us in writing or, failing any such specification, the lawful currency of the United Kingdom States (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market exchange as may be available on, or immediately preceding, the date of calculation); and
(c) and we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "“Liquidation Amount"”).
Appears in 2 contracts
Samples: Terms & Conditions, Interpretation Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation AmountAmount (as defined below);
(b) we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency specified by us in writing or, failing any such specification, the lawful currency of the United Kingdom Base Currency ZAR or USD depending on client’s account (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market exchange as may be available on, or immediately preceding, the date of calculation); and
(c) we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "“Liquidation Amount"”).
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) neither : Neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount;
Amount (b) we as defined below); We shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us in writing or, failing any such specification, the lawful currency of the United Kingdom States (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-re- establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market exchange as may be available on, or immediately preceding, the date of calculation); and
(c) we and We shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "“ Liquidation Amount"”).
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(ai) neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation AmountAmount (as defined below);
(bii) we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us in writing or, failing any such specification, the lawful currency of the United Kingdom States (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market exchange as may be available on, or immediately preceding, the date of calculation); and
(ciii) we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "“ Liquidation Amount"”).
Appears in 2 contracts
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount;
(b) we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us as such in the Individually Agreed Terms Schedule or otherwise in writing or, failing any such specification, the lawful currency of the United Kingdom (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation); and
(c) we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "Liquidation Amount").
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) : • neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount;
Amount (b) as defined below); • we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us in writing or, failing any such specification, the lawful currency of the United Kingdom States (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market exchange as may be available on, or immediately preceding, the date of calculation); and
(c) and • we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "“ Liquidation Amount"”).
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) neither Neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount;
(b) we We shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) above the total cost, loss or, as the case may be, my be gain, in each case expressed in a currency the Base Currency specified by us in writing or, failing any such specification, the lawful currency of the United Kingdom (and, if appropriate, including any loss of bargain, cost of or funding or, ; without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of or any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation)Transaction; and
(c) we We shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "Liquidation Amount").the
Appears in 1 contract
Samples: Client Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount;
(b) we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency specified by us the Base Currency or otherwise in writing or, failing any such specification, the lawful currency Currency of the United Kingdom States of America (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation); and
(c) we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "Liquidation Amount").
Appears in 1 contract
Samples: Terms of Business
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) : neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount;
(b) ; we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us in writing or, failing any such specification, the lawful currency of the United Kingdom States (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market exchange as may be available on, or immediately preceding, the date of calculation); and
(c) we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "“Liquidation Amount"”).
Appears in 1 contract
Samples: Client Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) 13.4.1. neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off set‐off or otherwise) of the Liquidation Amount;
(b) 13.4.2. we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph paragraph
(a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us as such in the Individually Agreed Terms Schedule or otherwise in writing or, failing any such specification, the lawful currency Currency of the United Kingdom BVI (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-re‐ establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation); and
(c) 13.4.3. we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "Liquidation Amount").
Appears in 1 contract
Samples: Terms and Conditions
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount;
(b) we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us or otherwise in writing or, failing any such specification, the lawful currency Currency of the United Kingdom States (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation); and
(c) we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "Liquidation Amount").
Appears in 1 contract
Samples: Terms and Conditions
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation DateLiquidationDate:
(a) neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount;
(b) we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us or otherwise in writing or, failing any such specification, the lawful currency Currency of the United Kingdom States (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation); and
(c) we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "Liquidation Amount").
Appears in 1 contract
Samples: Terms and Conditions
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) : a neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation Amount;
Amount (b) as defined below); b we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us in writing or, failing any such specification, the lawful currency of the United Kingdom States (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-re- establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market exchange as may be available on, or immediately preceding, the date of calculation); and
(c) and c we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "“Liquidation Amount"”).
Appears in 1 contract
Samples: Client Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) 11.4.1. neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off set‐off or otherwise) of the Liquidation Amount;
(b) 11.4.2. we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us as such in the Individually Agreed Terms Schedule or otherwise in writing or, failing any such specification, the lawful currency Currency of the United Kingdom (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-re‐ establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation); and
(c) 11.4.3. we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "Liquidation Amount").
Appears in 1 contract
Samples: Client Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) 11.4.1. neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off set‐off or otherwise) of the Liquidation Amount;
(b) 11.4.2. we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us as such in the Individually Agreed Terms Schedule or otherwise in writing or, failing any such specification, the lawful currency Currency of the United Kingdom States of America (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-re‐ establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation); andrelevant
(c) 11.4.3. we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "Liquidation Amount").
Appears in 1 contract
Samples: Client Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(ai) neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off or otherwise) of the Liquidation AmountAmount (as defined below);
(bii) we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us in writing or, failing any such specification, the lawful currency of the United Kingdom States (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market exchange as may be available on, or immediately preceding, the date of calculation); and
(ciii) we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "“Liquidation Amount"”).
Appears in 1 contract
Samples: Retail Client Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(ai) neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-set- off or otherwise) of the Liquidation Amount;
(bii) we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us or otherwise in writing or, failing any such specification, the lawful currency Currency of the United Kingdom (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-establishing of any hedge or related trading position) as position)as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation); and
(ciii) we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "“Liquidation Amount"”).
Appears in 1 contract
Samples: Client Agreement
Calculation of Liquidation Amount. Where we have notified you Upon the occurrence of a Liquidation Date:
(a) 13.4.1 neither of us shall be obliged to make any further payments or deliveries under any Netting Transactions which would, but for this clause, have fallen due for performance on or after the Liquidation Date and such obligations shall be satisfied by settlement (whether by payment, set-off set‐off or otherwise) of the Liquidation Amount;
(b) 13.4.2 we shall (on, or as soon as reasonably practicable after, the Liquidation Date) determine (discounting if appropriate), in respect of each Netting Transaction referred to in paragraph (a) the total cost, loss or, as the case may be, gain, in each case expressed in a currency the Base Currency specified by us as such in the Individually Agreed Terms Schedule or otherwise in writing or, failing any such specification, the lawful currency Currency of the United Kingdom BVI (and, if appropriate, including any loss of bargain, cost of funding or, without duplication, cost, loss or, as the case may be, gain as a result of the termination, liquidation, obtaining, performing or re-re‐ establishing of any hedge or related trading position) as a result of the termination, pursuant to this Agreement, of each payment or delivery which would otherwise have been required to be made under such Netting Transaction had no Liquidation Date occurred (and assuming satisfaction of each applicable condition precedent and having due regard, if appropriate, to such market quotations published on, or official settlement prices set by the relevant Market as may be available on, or immediately preceding, the date of calculation); and
(c) 13.4.3 we shall treat each cost or loss to us, determined as above, as a positive amount and each gain by us, so determined, as a negative amount and aggregate all of such amounts to produce a single, net positive or negative amount, denominated in the base currency Base Currency (the "Liquidation Amount").
Appears in 1 contract
Samples: Terms and Conditions