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EFTA01353581

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ease subparagraph (a) above shall apply. If Seller elects to accept delivery of the Delivered Securities, the Transaction shall be terminated and Buyer and Seller shall be deemed to enter into a new Transaction in respect of the Undelivered Securities in accordance with the provisions of subparagraph (c) below. le) Where this paragraph applies, the Transaction (the -Terminated Transaction") shall be terminated. Upon such termination. Buyer shall transfer to Seller or its agent the Delivered Securities against payment by Seller of the proportion of the Repurchase Price which corresponds to the Delivered Securities and the parties shall be deemed to enter into a new Transaction on the following terms- (i) the Purchase Date under the new Transaction shall be the Repurchase Date under the Terminated Transaction; (ii) the Purchased Securities under the new Transaction shall be Securities equivalent to the Undelivered Securities: the Purchase Price under the new Transaction shall be the Market Value of the Undelivered Securities at the Purchase Date under the new Transaction as determined by Seller; (iv) the Repurchase Date under the new Transaction shall be the Business Day following the Purchase Date under the new Transaction; (v) the Pricing Rate under the new Transaction shall, unless otherwise agreed, be minus five per cent.; (vi) the Margin Ratio and, subject as aforesaid, the other terms of the new Transaction shall. unless otherwise agreed, be identical to those of the Terminated Transaction; and (vii) the obligations of the parties with respect to the delivery of the Undelivered Securities and the payment of that part of the Repurchase Price which corresponds to the Undelivered Securities under the Terminated Transaction shall be set off against their obligations with respect to the delivery of the Purchased Securities and the payment of the Purchase Price under the new Transaction and accordingly only a net cash sum shall be pai

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