Eligible SME definition
Examples of Eligible SME in a sentence
Any SME Transaction that has been included in the Portfolio by the Intermediary pursuant to Clause 6.1 shall automatically be deemed to be an Eligible SME Transaction unless and until it has been excluded from the Portfolio pursuant to Clause 6.2 (without prejudice to the continued application of Clause 5.3(b)).
Notwithstanding this, the Counterparty may, at any time, request information from the Intermediary to enable the Guarantors to verify whether an SME Transaction is an Eligible SME Transaction and whether its inclusion in the Portfolio is in compliance with the terms of this Agreement.
If the Irregularity consists of a fraudulent activity in relation to the SME Transaction (or relevant part thereof) or the fraudulent or illegal use of the proceeds of that SME Transaction by the relevant SME, then the entire amount of that SME Transaction shall be deemed to be a Non Eligible SME Transaction.
If an SME Transaction (or a portion thereof) becomes a Non Eligible SME Transaction pursuant to this Clause 6.2(c) then, without prejudice to any other rights and remedies available to the Counterparty under this Agreement or at law, Clause 6.2(b), Clause 6.2(d)(ii) and Clause 6.2(e)(ii), as the case may be, shall apply.
If the Irregularity affects part of such SME Transaction (the “Affected Portion”), such Affected Portion shall be deemed to be a Non Eligible SME Transaction.
Designated Transactions shall be deemed to be Non Eligible SME Transactions for the purpose of Clause 6.2(b) (provided that Clause 6.2(d) shall not apply for the purposes of this Clause 6.2(f)) and shall become Excluded SME Transactions on the Exclusion Date.