Common use of Settlement Disruption Clause in Contracts

Settlement Disruption. If a Settlement Disruption Event prevents delivery of Shares (whether pursuant to physical settlement or net share settlement) on the Settlement Date, then the Settlement Date will be the first succeeding day on which delivery of the Shares can take place through the relevant Clearance System unless a Settlement Disruption Event prevents settlement on each of the 10 relevant Clearance System Business Days immediately following the original date, that, but for the Settlement Disruption Event, would have been the Settlement Date. In that case (a) if such Shares can be delivered in any other commercially reasonable manner, then the Settlement Date will be the first day on which settlement of a sale of Shares executed on the 10th relevant Clearance System Business Day customarily would take place using such other commercially reasonable manner of delivery (which other manner of delivery will be deemed the relevant Clearance System for the purposes of delivery of the relevant Shares), and (b) if such Shares cannot be delivered in any other commercially reasonable manner, then the Settlement Date will be postponed until delivery can be effected through the relevant Clearance System or in any other commercially reasonable manner.

Appears in 2 contracts

Sources: Isda Master Agreement (Conseco Inc), Isda Master Agreement (Conseco Inc)