SUPPLEMENTAL INFORMATION MEMORANDUM XENON ...
SUPPLEMENTAL INFORMATION MEMORANDUM XENON ...
SUPPLEMENTAL INFORMATION MEMORANDUM XENON ...
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include the Counterparty or its Affiliate as one Dealer or as may otherwise be specified in the Issue<br />
Terms.<br />
"Default Requirement" means the amount as may be specified as such in the Issue Terms or its<br />
equivalent in the relevant Obligation Currency or, if a Default Requirement is not so specified in the<br />
Issue Terms, U.S.$10,000,000 or its equivalent in the relevant Obligation Currency, in either case as<br />
of the occurrence of the relevant Credit Event.<br />
"Deliver" means to deliver, novate, transfer (including, in the case of a Qualifying Guarantee,<br />
transfer of the benefit of the Qualifying Guarantee), assign or sell, as appropriate, in the manner<br />
customary for the settlement of the applicable Deliverable Obligations (which shall include<br />
executing all necessary documentation and taking any other necessary actions), in order to convey all<br />
right, title and interest in the Deliverable Obligations specified in the Notice of Physical Settlement<br />
or any NOPS Amendment Notice, as applicable, to the Issuer or the Securityholders, as the case may<br />
be, free and clear of any and all liens, charges, claims or encumbrances (including, without<br />
limitation, any counterclaim, defence (other than a counterclaim or defence as set out in the<br />
definition of "Credit Event") or right of set off by or of the Reference Entity or, as applicable, an<br />
Underlying Obligor (which, for the purpose of this definition, shall include the Insured Obligor))<br />
provided that to the extent that the Deliverable Obligations consist of Qualifying Guarantees,<br />
"Deliver" means to Deliver both the Qualifying Guarantee and the Underlying Obligation (which, for<br />
the purpose of this definition, shall include Insured Instruments). "Delivery" and "Delivered" will be<br />
construed accordingly. In the case of a Loan, Delivery shall be effected using documentation<br />
substantially in the form of the documentation customarily used in the relevant market for Delivery<br />
of such Loan at that time. Notwithstanding the previous sentence, in the case of a Loan, Delivery<br />
may be effected using the provisions of any documentation (which term shall be deemed to include<br />
any market advisory that the relevant Credit Derivatives Determinations Committee Resolves to<br />
approve for such purpose) that the relevant Credit Derivatives Determinations Committee Resolves<br />
constitutes documentation customarily used in the relevant market for Delivery of such Loan at that<br />
time, as such documentation may be amended to the extent the relevant Credit Derivatives<br />
Determinations Committee Resolves is appropriate, which is consistent with the delivery and<br />
payment obligations of the Issuer. "Deliver" with respect to an obligation that is a Qualifying Policy<br />
means to Deliver both the Insured Instrument and the benefit of the Qualifying Policy (or a custodial<br />
receipt issued by an internationally recognized custodian representing an interest in such Insured<br />
Instrument and the related Qualifying Policy), and "Delivery" and "Delivered" will be construed<br />
accordingly.<br />
"Deliverable Obligation" means, subject to Conditions CL10(c) and (d) (Restructuring Credit Event<br />
Applicable):<br />
(a)<br />
any obligation of a Reference Entity (either directly or as provider of a Qualifying Affiliate<br />
Guarantee or Qualifying Policy or, if All Guarantees is specified as applicable in the Issue<br />
Terms, as provider of any Qualifying Guarantee), as selected by the Counterparty in its<br />
absolute and sole discretion, described by the Deliverable Obligation Category and having<br />
each of the Deliverable Obligation Characteristics, in each case, as of the Delivery Date (but<br />
excluding any Excluded Deliverable Obligation) that is (i) payable in an amount equal to its<br />
Outstanding Principal Balance or Due and Payable Amount, as applicable, (ii) is not subject<br />
to any counterclaim, defence (other than as set out in the definition of "Credit Event") or<br />
right of set off by or of a Reference Entity or any applicable Underlying Obligor (and which,<br />
for the purpose of this definition, shall include where the Reference Obligation is a<br />
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