Threshold Amount Credit Agreement

However, delaying payments to an early termination date can result in significant liquidity issues for a client. In the event of early termination of the contract, if the customer is in the money, it is likely that a customer can rely on the payment of the merchant to fulfill all the obligations he has towards other parties on the date of early termination. If such payments were withheld by the merchant, the customer would not be able to use these amounts to meet its obligations to other counterparties, which could lead to additional defaults arising from other agreements for the customer. This collection of documents constitutes a unique agreement and this concept is an integral part of the application of the ISDA Framework Agreement and attempts to avoid what is commonly known as “raisin pecking”. The single agreement concept means that all transactions constitute a contract allowing counterparties to enter into those transactions in the event of default and to make the termination assets a single net amount to be paid between the parties. One of the main signs of a customer`s financial deterioration for a merchant is the appearance of a cross-default of the customer with one of his other creditors. According to the agreement, a cross-default occurs with the occurrence or existence of a delay event with respect to the “specified debt”. However, for the provision to be applicable, the parties must choose to apply to either party. The parties must also agree on the definition of the specified debt. A customer should insist that a cross-delay occurs only at the time of the “cross-acceleration” of the other debt, unlike the mere existence of a delay. According to the default language cross default in the agreement, a default event can occur in case of default under other debts, as the other creditor accelerates the declared indebtedness. By requiring that default result in an acceleration of the underlying debt, a merchant could only terminate the contract when the other creditor has effectively accelerated the declared indebtedness. .

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