Net Equity Amount Clause Samples
Net Equity Amount. The Company shall determine the Net Equity Amount of each Affected Claimant in respect of a Net Equity Intermediary once it has received sufficient information from the relevant Net Equity Intermediary in order to do so. The “Net Equity Amount” for each such Affected Claimant is the amount of the Claims of (or derived from) the Affected Claimant against the Net Equity Intermediary that the Net Equity Intermediary recognises or acknowledges for the purpose of quantifying that Affected Claimant’s Asset Claim in respect of Trust Assets held by such Net Equity Intermediary. If the Company determines that it cannot determine the Net Equity Amount for all Affected Claimants in respect of a Net Equity Intermediary, then no further Allocation shall be made in respect of any Distributable Trust Assets returned to the Company from such Net Equity Intermediary unless:
Net Equity Amount. A Signatory’s entitlement to an Allocation and the amount of Distributable Trust Assets to be Allocated to it with respect to Trust Assets held through a Net Equity Intermediary will be based on its Net Equity Amount. The “Net Equity Amount” is determined by the Company, using information received from the Net Equity Intermediary, as the amount of Claim which the Net Equity Intermediary recognises or acknowledges in quantifying the Asset Claim of each TA Claimant to the Trust Assets held by the Net Equity Intermediary. A “
Net Equity Amount. The Company shall determine the Net Equity Amount of each Affected Claimant in respect of a Net Equity Intermediary once it has received sufficient information from the relevant Net Equity Intermediary in order to do so. The “Net Equity Amount” for each such Affected Claimant is the amount of the Claims of (or derived from) the Affected Claimant against the Net Equity Intermediary that the Net Equity Intermediary recognises or acknowledges for the purpose of quantifying that Affected Claimant’s Asset Claim in respect of Trust Assets held by such Net Equity Intermediary. If the Company determines that it cannot determine the Net Equity Amount for all Affected Claimants in respect of a Net Equity Intermediary, then no further Allocation shall be made in respect of any Distributable Trust Assets returned to the Company from such Net Equity Intermediary unless:
36.2.1 the Company is subject to an order made by a court of competent jurisdiction, which:
(i) requires the Company to make an Allocation in respect of such Distributable Trust Assets;
(ii) determines the entitlements of TA Claimants to the relevant Distributable Trust Assets; or
(iii) permits the Company to make an Allocation, Distribution or Appropriation in respect of such Distributable Trust Assets without incurring a liability to the TA Claimants in doing so, provided that either: