Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentence at the end thereof: “On or promptly following the date on which the parties reach agreement on the terms of a Transaction as contemplated by the first sentence of Section 9(e)(ii), Party B will send to Party A a Confirmation. Party A will promptly thereafter confirm the accuracy of or request the correction of, such Confirmation (in the later case, indicating how it believes the terms of such Confirmation should be correctly stated and such other terms which should be added to or deleted from such Confirmation to make it correct). If any disputes shall arise as to whether an error exists in a Confirmation, the parties shall make reasonable efforts to resolve the dispute in good faith. If Party A has not accepted or disputed the Confirmation in the manner set forth above within two (2) Local Business Days after it was effectively sent to Party A, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to therein and be binding, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentence sentences at the end thereof: “On or promptly following the date on which the parties reach agreement on the terms Trade Date of a Transaction as contemplated by the first sentence of Section 9(e)(ii)Transaction, Party B A will send to Party A B a Confirmation. Confirmation in the form utilized by Party A A; (b) Party B will promptly thereafter confirm by facsimile the accuracy of of, or request the correction of, suchof such Confirmation Confirmation; and (in c) upon such confirmation by Party B, such facsimile transmissions shall be deemed to constitute a legally binding supplement to this Agreement upon the later case, indicating how it believes the particular terms of such Confirmation should be correctly stated and such other terms which should be added to or deleted from such Confirmation to make it correct)Confirmation. If any disputes dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute in good faithdispute.therein. If Party A has not accepted or disputed B fails to acceptor dispute the Confirmation in the manner manneras set forth above within two (2) Local Business Days Daysherein after it was effectively sent to Party AB, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to therein and be bindingtherein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.””error"
Appears in 1 contract
Samples: Master Agreement
Procedures for Entering into Transactions. The parties hereby amend replace Section 9(e)(ii9 (e) (ii) by adding the following sentence at the end thereoffollowing: “On The parties agree that they are legally bound by the terms of each Transaction from the moment they orally (or promptly otherwise as agreed by the parties) agree to those terms. A Confirmation of such Transaction duly manually signed by its representatives shall be sent from the Calculation Agent to the other party (the “Reconfirming Party”) within five (5) Local Business Days following the date on which the parties reach agreement on the terms of a Transaction as contemplated by the first sentence of Section 9(e)(ii)this Section. The Reconfirming Party will reconfirm the Transaction: a) by sending a reconfirmation letter duly signed by its representatives or b) by returning to the Calculation Agent the Confirmation duly signed by its representatives. A reconfirmed Transaction, as set forth above, will be sufficient for all purposes to evidence a binding supplement to this Agreement. If the Reconfirming Party B will send fails to Party A a Confirmation. Party A will promptly thereafter confirm reconfirm or dispute in writing the accuracy of or request Confirmation within 15 Local Business Days after it was effectively received by the correction ofReconfirming Party, such its failure shall constitute its acknowledgment that the Confirmation (in correctly reflects the later case, indicating how it believes parties’ agreement on the terms of such Confirmation should be correctly stated and such other terms which should be added the Transaction referred to therein, absent manifest error or deleted from such Confirmation to make it correct)fraud. If any disputes dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute in good faith. If Party A has not accepted or disputed dispute, provided, however, that the Confirmation in the manner set forth above within two recorded version pursuant to paragraph (2i) Local Business Days after it was effectively sent to Party A, the Confirmation of this Part 5 shall be deemed conclusive evidence with respect to correctly reflect the parties’ agreement on the terms of the Transaction referred to therein and be binding, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided hereinits contents thereof.”
Appears in 1 contract
Samples: Master Agreement
Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) of this Agreement by adding the following sentence sentences at the end thereof: “On or promptly following the date on which the parties reach agreement on the terms of a Transaction as contemplated by the first sentence of this Section 9(e)(ii), Party B A will send to Party A B a Confirmation. Party A B will promptly thereafter confirm the accuracy of (in the manner required by this Section 9(e)(ii)), or request the correction of, such Confirmation (in the later latter case, indicating how it believes the terms of such Confirmation should be correctly stated and such other terms which should be added to or deleted from such Confirmation so that it correctly reflects the agreement with respect to make it correctthe Transaction referred to in the Confirmation). If any disputes dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute in good faithdispute. If Party A has not accepted B fails to accept or disputed dispute the Confirmation in the manner set forth above within two (2) Local Business Days after it was effectively sent to received by Party AB, its failure shall constitute its acknowledgment that the Confirmation shall be deemed to correctly reflect reflects the parties’ agreement on the terms of the Transaction referred to therein and be bindingtherein, absent manifest error. The requirement of this Section and 9(e)(ii)and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein”.”
Appears in 1 contract
Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentence sentences at the end thereof: “On or promptly following the date on which the parties reach agreement on the terms Trade Date of a Transaction as contemplated by the first sentence of Section 9(e)(ii)Transaction, Party B A will send to Party A B a Confirmation. Party A B will promptly thereafter confirm the accuracy of of, or request the correction of, such Confirmation (in the later case, indicating how it believes the terms of such Confirmation should be correctly stated and such other terms which should be added to or deleted from such Confirmation to make it correct)Confirmation. If any disputes dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute in good faithdispute. If Party A has not accepted B fails to accept or disputed dispute the Confirmation in the manner set forth above within two (2) fiive threefivethree Local Business Days after it was effectively sent to Party AB, the Confirmation shall be deemed to correctly reflect the parties’ agreement on the terms of the Transaction referred to therein and be bindingtherein, absent manifest error. The requirement of this Section and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”” [NOTE – FIVE DAYS IS STANDARD PRACTICE AND 3 WOULD BE VERY DIFFICULT]
Appears in 1 contract
Samples: Master Agreement
Procedures for Entering into Transactions. The parties hereby amend Section 9(e)(ii) by adding the following sentence sentences at the end thereof: “"On or promptly following the date on which the parties reach agreement on the terms Trade Date of a Transaction as contemplated by the first sentence of Section 9(e)(ii)Transaction, Party B A will send to Party A B a Confirmation. Party A B will promptly thereafter confirm the accuracy of of, or request the correction of, such Confirmation (in the later case, indicating how it believes the terms of such Confirmation should be correctly stated and such other terms which should be added to or deleted from such Confirmation to make it correct)Confirmation. If any disputes dispute shall arise as to whether an error exists in a Confirmation, the parties shall in good faith make reasonable efforts to resolve the dispute dispute; provided however, that any discrepancy between the terms set forth on a written Confirmation and those recorded on a Transaction Tape (as defined below) shall be resolved in good faithfavor of the terms on the Transaction Tape. If Party A has not accepted B fails to accept or disputed dispute the Confirmation in the manner set forth above within two (2) Local Business Days after it was effectively sent to Party AB, the Confirmation shall be deemed to correctly reflect the parties’ ' agreement on the terms of the Transaction referred to therein and be bindingtherein, absent manifest error. ." The requirement of this Parties agree to amend Section 9(e) by adding thereto the following subparagraphs (iii) and elsewhere in this Agreement that the parties exchange Confirmations shall for all purposes be deemed satisfied by a Confirmation sent and an acknowledgment deemed given as provided herein.”(iv):
Appears in 1 contract
Samples: Guaranty Agreement