Fails Charge definition
Examples of Fails Charge in a sentence
The Fails Charge Handling Practice will apply to all settlements made on or after 1st November 2010 (the “Effective Date”) unless explicitly agreed upon in connection with and specific transaction.
Similarly the Company will be deemed to have agreed that the Fails Charge Handling Practice will apply to all settlements unless otherwise explicitly agreed upon in connection with any specific transaction.
Both of us also shall be deemed to have agreed for any such Transactions that the failure to enforce such a Fails Charge in any one Transaction or in multiple Transactions shall not constitute a waiver of the foregoing rights with regard to any other Transactions subject to a Fails Charge.
The claim of a Fails Charge shall be without prejudice to any other rights or remedies under the applicable agreement governing the Transaction or applicable law, and shall not constitute a waiver of the non- failing party’s right to exercise any other remedy.
We have decided to adopt this Fails Charge Handling Practice for purposes of our transactions with all our counterparties, and accordingly, are notifying you that any delivery-versus-payment transactions in Japanese Government securities entered into between you and us will be subject to the following conditions, unless explicitly agreed otherwise with respect to a specific transaction.
In the event that either party fails to claim Fails Charges with respect to one or more transactions to which the Fails Charge Handling Practice applies, that party shall not be deemed to waive its right to claim Fails Charges in relation to other applicable transactions.
In addition, either party’s claim of a Fails Charge shall not preclude the party from exercising any other right available under the agreement for the transaction in question or any applicable law, and none of the Trade Counterparty, Company or any third party shall in any way be deemed to have waived such a right.
Similarly, by entering into any such Transaction, we shall be deemed to have agreed that such Transaction will be subject to the Fails Charge Trading Practice, unless explicitly agreed otherwise with respect to a specific Transaction.
Similarly, by entering into any such ∗ ▇▇▇.▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇_▇▇▇▇▇▇▇/▇▇▇▇/▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇▇▇-▇▇▇▇▇▇▇▇.▇▇▇ Transaction, we shall be deemed to have agreed that such Transaction will be subject to the Fails Charge Trading Practice, unless explicitly agreed otherwise with respect to a specific Transaction.
In addition, either party’s claim of a Fails Charge shall not preclude the party from exercising any other right available under the agreement for the transaction in question or any applicable law, and none of the Trade Counterparty, Company or any third party shall in any way be deemed to have waived such a right ∗ The JSDA has established the market practice for Fails Charges with the intention of preventing frequent settlement failures from occurring when the market is experiencing low interest rates.