SUPPLEMENTAL INFORMATION MEMORANDUM XENON ...
SUPPLEMENTAL INFORMATION MEMORANDUM XENON ...
SUPPLEMENTAL INFORMATION MEMORANDUM XENON ...
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(i)<br />
(ii)<br />
(iii)<br />
(iv)<br />
(v)<br />
(vi)<br />
Where a Succession Event has occurred in respect of a Reference Entity and more than one<br />
Successor has been identified, each such Successor will be a Reference Entity (a "Successor<br />
Reference Entity") for the purposes of the credit derivatives transaction evidenced by the<br />
Swap Agreement (and, for the avoidance of doubt, the original Reference Entity (the<br />
"Original Reference Entity") shall cease to be a Reference Entity except where it is itself a<br />
Successor Reference Entity).<br />
The Reference Amount in respect of each Successor Reference Entity shall be the Reference<br />
Amount in respect of the Original Reference Entity divided by the number of Successor<br />
Reference Entities.<br />
If a Successor Reference Entity has already been named as a Reference Entity under the<br />
credit derivatives transaction evidenced by the Swap Agreement, then it will be deemed to<br />
be a Reference Entity only once thereunder, and the Reference Amount for such Reference<br />
Entity shall be the sum of the Reference Amounts otherwise applicable to it.<br />
Following the occurrence of a Succession Event and the adjustment of the Reference<br />
Amounts in respect of each Successor Reference Entity as provided above, satisfaction of<br />
the Conditions to Settlement with respect to any Successor Reference Entity will, unless<br />
otherwise specified in the Issue Terms, result in a proportional redemption of the Securities<br />
in accordance with the provisions of this Credit-Linked Securities Conditions Module in<br />
relation to Basket Cash CLS, Basket Physical CLS or Portfolio CLS, as the case may be.<br />
The provisions of this Credit-Linked Securities Conditions Module shall apply to any<br />
subsequent Credit Event Notices delivered in respect of any other Successor Reference<br />
Entity, as well as any Reference Entity which was originally named as such under the credit<br />
derivatives transaction evidenced by the Swap Agreement. For the avoidance of doubt, the<br />
provisions of this Condition CL9 shall apply to each Succession Event.<br />
Any determinations and calculations and adjustment to the Issue Terms and Swap<br />
Agreement relating to, connected with or resulting from a Succession Event shall be made<br />
by the Calculation Agent (to the extent such determinations are not made by the Credit<br />
Derivatives Determinations Committees) in its sole discretion and, in the absence of<br />
manifest error, shall be conclusive and binding on all parties. The Issue Terms and the Swap<br />
Agreement may be amended and restated at such time to reflect the effect of a Succession<br />
Event without the consent of the Securityholders and the Securityholders are deemed to<br />
agree to this provision by the purchase of the Securities.<br />
CL10. RESTRUCTURING CREDIT EVENT APPLICABLE<br />
(a)<br />
Where Restructuring is specified in the Issue Terms as being an applicable Credit Event and, unless<br />
otherwise specified in the Issue Terms and the Charged Agreement, the Counterparty may deliver<br />
multiple Credit Event Notices with respect to such Restructuring Credit Event. Accordingly,<br />
notwithstanding anything to the contrary in Conditions CL1 (Types of Credit-Linked Securities) to<br />
CL9 (Succession Events) above (both inclusive), where a Restructuring Credit Event has occurred<br />
and the Counterparty has delivered a Credit Event Notice for an amount that is less than the<br />
aggregate Outstanding Principal Amount of the Securities immediately prior to the delivery of such<br />
Credit Event Notice (the "Exercise Amount"), the provisions of Conditions CL1 (Types of Credit-<br />
Linked Securities) to CL9 (Succession Events) (both inclusive) shall be deemed to apply to a<br />
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