✨ Financial Transaction Terms
4358 NEW ZEALAND GAZETTE, No. 177 22 DECEMBER 2010
Specified Transaction, futures contract, guarantee, indemnity, or electricity swap, swaption or option transaction.
"Threshold Amount" means:
(i) in respect of Party A, NZ$10,000,000; and
(ii) in respect of Party B, NZ$10,000,000,
(the "New Zealand Dollar Amount") or its equivalent in any other currency or currencies.
For the purpose of determining the equivalent of the New Zealand Dollar Amount on any date in another currency (the "Other Currency"), the New Zealand Dollar Amount is to be converted at the rate equal to the spot exchange rate of the foreign exchange agent (selected as provided below) for the purchase of that Other Currency with New Zealand Dollars at or about 11:00 a.m. (in Wellington) on that date. The foreign exchange agent is to be selected in good faith by the party making the determination.
(d) The "Credit Event Upon Merger" provisions of Section 5(b)(v) will apply to Party A and will apply to Party B.
(e) The "Automatic Early Termination" provisions of Section 6(a) will not apply to either party.
(f) "Termination Currency" means New Zealand Dollars.
(g)
PART 2 TAX REPRESENTATIONS
1 Payer Representations: For the purpose of Section 3(e) of this Agreement, Party A and Party B do not make any representations.
2 Payee Representations: For the purpose of Section 3(f) of this Agreement, Party A and Party B each makes the representations specified below:
(a) It is resident in New Zealand for the purposes of the Income Tax Act 2007 or, if it is not so resident, it carries on business in New Zealand through a fixed establishment in New Zealand.
Next Page →
NZ Gazette 2010, No 177
✨ LLM interpretation of page content
🏭
Authorised Signature Form for Meridian Energy Limited
(continued from previous page)
🏭 Trade, Customs & IndustrySignature, Authorised Signatory, Meridian Energy Limited, ISDA Schedule