Merger Without Assumption definition

Merger Without Assumption provisions of Section 5(a)(viii) will apply to Party A and will apply to Party B.

Merger Without Assumption means the event specified in Section 5(a)(viii).

Merger Without Assumption provisions of Section 5(a)(viii) will apply to Xxxxxx and will not apply to the Counterparty.

Examples of Merger Without Assumption in a sentence

• If a Tax Event, a Tax Event Upon Merger or a Merger Without Assumption occurs, then the Clearing House will not unreasonably withhold or delay its Consent to, or stipulate unreasonable conditions on a transfer under Rule 408(a)(i).

• Notwithstanding Part 1, paragraph 8 ( Merger Without Assumption) of the Schedule, the “Merger Without Assumption” provision (Section 5(a)(viii)) will apply to Party A but shall not apply to Party B.

• Either party has the right to terminate the Swap Agreement before the Swap Termination Date upon a failure to pay by the other party, the bankruptcy of the other party, or a Merger Without Assumption (as defined in the Swap Agreement) by the other party except that the Swap Counterparty does not have the right to terminate upon a failure to pay by the Trust if such failure occurs as a result of the assets of the Trust being insufficient to make the related payment in full.

• This narrow reading ties in with the drafting and operation/scope of the Credit Event upon Merger Termination Event (Section 5(b)(iv)/(v)), the Merger Without Assumption Event of Default (Section 5(a)(viii)) and the transfer provisions (Section 7) of the ISDA Master Agreement, all of which refer to a consolidation, amalgamation or merger of the specific counterparty.

• The following ISDA Events of Default apply for the purposes of the ISDA Master Agreement: (a) Failure to Pay or Deliver; (b) Breach of Agreement/Repudiation of Agreement (in relation to the Counterparty only); (c) Bankruptcy (subject to certain amendments in the case of the Issuer); and (d) Merger Without Assumption (in relation to the Counterparty only) (each as defined in the ISDA Master Agreement).

More Definitions of Merger Without Assumption

Merger Without Assumption. (but only with respect to the Swap Provider), as described in Sections 5(a)(vii), 5(a)(viii) and 5(b)(iv) of the ISDA Master Agreement.

Merger Without Assumption provisions of Section 5(a)(viii) will not apply to Party B.

Merger Without Assumption means when a Market Participant, or any Guarantor or other credit support provider of such Market Participant, merges with or transfers all or substantially all of its assets to, or consolidates, amalgamates, reorganizes, reincorporates or reconstitutes into or as, another entity and, at the time of such consolidation, amalgamation, merger, transfer, reorganization, reincorporation or reconstitution (a) the resulting, surviving or transferee entity does not assume all the obligations of such Market Participant, or any Guarantor or other credit support provider of such Market Participant under the Agreements or any Credit Support Document to which it or its predecessor was a party; or (b) the benefits of any Credit Support Document do not extend (without the consent of the other party) to the performance by such resulting, surviving or transferee entity of its obligations under the Agreements. Metering Equipment:

Merger Without Assumption provisions of Section 5(a)(viii) will not apply to Party A and Party B. The provisions of Sections 5(b)(ii) (“Tax Event”) and 5(b)(iii) (“Tax Event Upon Merger”) will not apply to Party A and Party B. The “Credit Event Upon Merger” provisions of Section 5(b)(iv) will not apply to Party A and Party B.

Merger Without Assumption means the event specified in Section 5(a)(viii). “Multiple Transaction Payment Netting” has the meaning specified in Section 2(c). “Non-affected Party” means, so long as there is only one Affected Party, the other party.

Merger Without Assumption. Not Applicable. Not Applicable. (ix) "Underlying Securities Payment Default" Not Applicable. Applicable. (x) "Underlying Securities Bankruptcy Default" Not Applicable. Applicable.

Merger Without Assumption provisions of Section 5(a)(viii), the "Tax Event" provisions of Section 5(b)(ii), "Tax Event Upon Merger" provisions of Section 5(b)(iii), and the "Credit Event Upon Merger" provisions of Section 5(b)(iv) will not apply to Party A and will not apply to Party B. Solely with respect to payments required to be made by Party A relating to the Rapid Accumulation Period, the word "third" in the final line of Section 5(a)(i) shall be replaced with "12:00 noon New York City time of the first". (d) The "Automatic Early Termination" provisions of Section 6(a) will not apply to Party A and will not apply to Party B. (e)