Examples of Terms Incorporated by Reference in a sentence
In the event of any conflict between (x) the Trade Communication and (y) the Terms Incorporated by Reference, the Trade Communication shall prevail to the extent of any inconsistency and the Trade Communication will state the same.
Each Trade Communication shall state (A) that it incorporates the Terms Incorporated by Reference and (B) that in the event of any inconsistency between a Trade Communication and the Terms Incorporated by Reference, the terms of the Trade Communication shall legally supersede any contradictory terms.
Upon request from the CFTC, the Company shall request from any counterparty (or, if applicable, the Introducing Agent or Account Manager acting on behalf of a Trading Customer or Client Account) that enters into an Uncleared Swap pursuant to these Rules any previously-negotiated freestanding agreements, the terms of which are incorporated in the Terms Incorporated by Reference, to the Company upon request and shall furnish such agreements to the CFTC as soon as they are available to the Company.
Each counterparty (or, if applicable, the Introducing Agent or Account Manager acting on behalf of a Trading Customer or Client Account) that enters into an Uncleared Swap pursuant to these Rules shall provide any underlying previously-negotiated freestanding agreements, the terms of which are incorporated in the Terms Incorporated by Reference, to the Company upon request.
In the event of any conflict between (i) the Trade Communication and (ii) the Terms Incorporated by Reference, the Trade Communication shall prevail to the extent of any inconsistency.
In the event of any conflict between (A) the Trade Communication, Applicable Law or these Rules and (B) the Terms Incorporated by Reference, the Trade Communication, Applicable Law or these Rules (as applicable) shall prevail to the extent of any inconsistency.
In satisfaction of the obligations imposed on the Company under CFTC Regulation 37.6(b), (A) each Trade Communication is deemed to incorporate the Terms Incorporated by Reference, as described in Rule 1101(c)(i), to the extent not inconsistent therewith, and (B) the provisions of Rule 1101(c)(iii) shall supersede and govern any conflicting terms between the parties.
For each Uncleared Swap executed on or pursuant to the rules of the SEF, each previously-negotiated freestanding agreement of the counterparties included in the Terms Incorporated by Reference must be available to the SEF and/or the CFTC staff upon request within a reasonable period of time.
In the event of any conflict between (x) the Trade Communication and (y) the Terms Incorporated by Reference, the Trade Communication shall prevail to the extent of any inconsistency.
Each counterparty (or, if applicable, the Introducing Agent or Account Manager acting on behalf of a Trading Customer or Client Account) that enters into an Uncleared Swap pursuant to these Rules shall provide any underlying previously- negotiated freestanding agreements, the terms of which are incorporated in the Terms Incorporated by Reference, to the Company upon request.