Einde inhoudsopgave
Richtsnoer ECB/2008/5 (2008/596/EG) betreffende het beheer van de externe reserves van de Europese Centrale Bank door de nationale centrale banken en de juridische documentatie voor operaties met betrekking tot de externe reserves van de Europese Centrale Bank (herschikking)
Bijlage I ECB Annex
Geldend
Geldend vanaf 25-06-2008
- Bronpublicatie:
20-06-2008, PbEU 2008, L 192 (uitgifte: 19-07-2008, regelingnummer: ECB/2008/5 2008/596/EG)
- Inwerkingtreding
25-06-2008
- Bronpublicatie inwerkingtreding:
20-06-2008, PbEU 2008, L 192 (uitgifte: 19-07-2008, regelingnummer: ECB/2008/5 2008/596/EG)
- Vakgebied(en)
Financieel recht / Bank- en effectenrecht
1
The provisions of this Annex shall be supplemental terms and conditions applying to [name the standard agreement to which this Annex applies] dated [date of agreement] (the Agreement) between the European Central Bank (the ECB) and [name of counterparty] (the Counterparty). The provisions of this Annex shall be annexed to, incorporated in and form an integral part of the Agreement. If and to the extent that any provisions of the Agreement (other than the provisions of this Annex) or the ECB Master Netting Agreement dated as of [date] (the Master Netting Agreement) between the ECB and the Counterparty, including any other supplemental terms and conditions, Annex or schedule to the Agreement, contain provisions inconsistent with or to the same or similar effect as the provisions of this Annex, the provisions of this Annex shall prevail and apply in place of those provisions.
2
Except as required by law or regulation, the Counterparty agrees that it shall keep confidential, and under no circumstances disclose to a third party, any information or advice furnished by the ECB or any information concerning the ECB obtained by the Counterparty as a result of it being a party to the Agreement, including without limitation information regarding the existence or terms of the Agreement (including this Annex) or the relationship between the Counterparty and the ECB created thereby, nor shall the Counterparty use the name of the ECB in any advertising or promotional material.
3
The Counterparty agrees to notify the ECB in writing as soon as reasonably practicable of: (i) any consolidation or amalgamation with, or merger with or into, or transfer of all or substantially all of its assets to, another entity; (ii) the appointment of any liquidator, receiver, administrator or analogous officer or the commencement of any procedure for the winding-up or reorganisation of the Counterparty or any other analogous procedure; or (iii) a change in the Counterparty's name.
4
There shall be no waiver by the ECB of immunity from suit or the jurisdiction of any court, or any relief against the ECB by way of injunction, order for specific performance or for recovery of any property of the ECB or attachment of its assets (whether before or after judgment), in every case to the fullest extent permitted by applicable law.
5
There shall not apply in relation to the ECB any event of default or other provision of any kind in which reference is made to the bankruptcy, insolvency or other analogous event of the ECB.
6
The Counterparty agrees that it has entered into the Agreement (including this Annex) as principal and not as agent for any other entity and that it shall enter into all transactions as principal.