Common use of Discharge and Termination Clause in Contracts

Discharge and Termination. If agreed in Part V of the Schedule, any Call or any Put written by a Party will automatically be discharged and terminated, in whole or in part, as applicable, against a Call or a Put, respectively, written by the other Party, such discharge and termination to occur automatically upon the payment in full of the last Premium payable in respect of such Options; provided that such discharge and termination may only occur in respect of Options: each being with respect to the same Put Currency and the same Call Currency; each having the same Expiration Date and Expiration Time; each being of the same style, i.e. either both being American Style Options or both being European Style Options; each having the same Strike Price; each being transacted by the same pair of Designated Offices of Buyer and Seller; and neither of which shall have been exercised by delivery of a Notice of Exercise; and, upon the occurrence of such discharge and termination, neither Party shall have any further obligation to the other Party in respect of the relevant Options or, as the case may be, parts thereof so discharged and terminated. Such discharge and termination shall be effective notwithstanding that either Party may fail to record such discharge and termination in its books. In the case of a partial discharge and termination (i.e., where the relevant Options are for different amounts of the Currency Pair), the remaining portion of the Option which is partially discharged and terminated shall continue to be an Option for all purposes of the Agreement, including this Section 4.1.

Appears in 13 contracts

Samples: Foreign Exchange and Options Master Agreement (Witter Dean Cornerstone Fund Iv), Foreign Exchange and Options Master Agreement (Witter Dean Diversified Futures Fund Lp), Foreign Exchange and Options Master Agreement (Witter Dean Principal Plus Fund L P)

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