SUPPLEMENTAL INFORMATION MEMORANDUM XENON ...
SUPPLEMENTAL INFORMATION MEMORANDUM XENON ...
SUPPLEMENTAL INFORMATION MEMORANDUM XENON ...
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"Credit Derivatives Auction Settlement Terms" means the Credit Derivatives Auction Settlement<br />
Terms published by ISDA, in accordance with the Rules, with respect to the relevant Reference<br />
Entity (which may be amended in accordance with the Rules from time to time), and in relation to<br />
which (i) an Event Determination Date has occurred with respect to the relevant Reference Entity on<br />
or prior to the Business Day immediately preceding the Auction Final Price Determination Date, and<br />
(ii) the Calculation Agent determines acting in a commercially reasonable manner that the provisions<br />
for establishing what obligations may constitute Deliverable Obligations are substantially the same<br />
as the provisions in the relevant Credit Default Swap (such conditions (i) and (ii) constituting the<br />
"Auction Conditions"). The Calculation Agent may, at any time in its sole and absolute discretion,<br />
amend the Deliverable Obligation Category and Deliverable Obligation Characteristics to<br />
correspond with the most recently published Credit Derivatives Physical Settlement Matrix version.<br />
"Credit Derivatives Definitions" means the 2003 ISDA Credit Derivatives Definitions as<br />
supplemented by (i) the May 2003 Supplement to the 2003 ISDA Credit Derivatives Definitions, (ii)<br />
the Additional Provisions for LPN Reference Entities (published on 3 October, 2006) (the<br />
Additional LPN Provisions) and (iii) the 2009 ISDA Credit Derivatives Determinations<br />
Committees and Auction Settlement Supplement to the 2003 ISDA Credit Derivatives Definitions,<br />
each as published by ISDA.<br />
"Credit Derivatives Determinations Committees" means the committees established by ISDA for<br />
purposes of reaching certain DC Resolutions in connection with Credit Derivative Transactions, as<br />
more fully described in the Credit Derivatives Determinations Committees Rules set forth in Annex<br />
A to the 2009 ISDA Credit Derivatives Determinations Committees and Auction Settlement<br />
Supplement to the 2003 ISDA Credit Derivatives Definitions (published on March 12, 2009), as<br />
amended from time to time in accordance with the terms thereof (the "Rules").<br />
"Credit Event" means one or more of Bankruptcy, Failure to Pay, Obligation Acceleration,<br />
Repudiation/Moratorium (1999 version) or Repudiation/Moratorium (2003 version) or Restructuring<br />
as specified in the Issue Terms. If an occurrence would otherwise constitute a Credit Event, such<br />
occurrence will constitute a Credit Event whether or not such occurrence arises directly or indirectly<br />
from, or is subject to a defence based upon: (i) any lack or alleged lack of authority or capacity of a<br />
Reference Entity to enter into any Obligation or, as applicable an Underlying Obligor (which, for the<br />
purposes of this definition, includes the Insured Obligor) to enter into any Underlying Obligation<br />
(which, for the purposes of this definition, shall include Insured Instruments), (ii) any actual or<br />
alleged unenforceability, illegality, impossibility or invalidity with respect to any Obligation or, as<br />
applicable, any Underlying Obligation, however described, (iii) any applicable law, order,<br />
regulation, decree or notice, however described, or the promulgation of, or any change in, the<br />
interpretation by any court, tribunal, regulatory authority or similar administrative or judicial body<br />
with competent or apparent jurisdiction of any applicable law, order, regulation, decree or notice,<br />
however described, or (iv) the imposition of, or any change in, any exchange controls, capital<br />
restrictions or any other similar restrictions imposed by any monetary or other authority, however<br />
described.<br />
"Credit Event Backstop Date" means (a) for purposes of any DC Resolution by the relevant Credit<br />
Derivatives Determinations Committee as to whether an event that constitutes a Credit Event (or<br />
with respect to Repudiation/Moratorium, the event described in sub-paragraph (ii) of the definition<br />
of Repudiation/Moratorium (2003 Version) has occurred with respect to the relevant Reference<br />
Entity or Obligation thereof, the date that is 60 calendar days prior to the Credit Event Resolution<br />
Request Date or (b) otherwise, the date that is 60 calendar days prior to the earlier of (i) the first date<br />
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