natgillin/translations-raw huggingface dataset:
Rámcová dohoda o vzájemném započtení pohledávek ( nettingu ) v některé z verzí uvedených v příloze II se uzavírá se všemi protistranami , vyjma protistran : i ) se kterými ECB uzavřela rámcovou dohodu FBE pro finanční operace ( znění z roku 2004 ) a ii ) které jsou založeny nebo registrovány podle práva některé z evropských zemí kromě Irska , takto : a ) rámcová dohoda o vzájemném započtení pohledávek ( nettingu ) podle anglického práva a sepsaná v angličtině podle přílohy IIa se uzavírá se všemi protistranami vyjma protistran uvedených v písmenu b ) , c ) a d ) , b ) rámcová dohoda o vzájemném započtení pohledávek ( nettingu ) podle francouzského práva a sepsaná ve francouz ­ štině podle přílohy IIb se uzavírá s protistranami registrova ­ nými ve Francii , c ) rámcová dohoda o vzájemném započtení pohledávek ( nettingu ) podle německého práva a sepsaná v němčině podle přílohy IIc se uzavírá s protistranami registrovanými v Německu , a
A master netting agreement in one of the forms set out in Annex II shall be concluded with all counterparties , except counterparties : ( i ) with which the ECB has signed an FBE Master Agreement for Financial Transactions ( Edition 2004 ) ; and ( ii ) which are organised or incorporated under the laws of any of the European jurisdictions , except Ireland , as follows : ( a ) a master netting agreement governed by English law and drafted in English in the form set out in Annex IIa shall be concluded with all counterparties , with the exception of the counterparties specified in point ( b ) , ( c ) and ( d ) ;
d ) rámcová dohoda o vzájemném započtení pohledávek ( nettingu ) podle práva státu New York a sepsaná v angličtině podle přílohy IId se uzavírá s protistranami registrovanými ve Spojených státech .
and ( d ) a master netting agreement governed by New York law and drafted in English in the form set out in Annex IId shall be concluded with counterparties incorporated in the United States .
Poskytování finančních služeb , které se týkají devizových rezerv ECB , finančními zprostředkovateli , zejména bankovních , makléřských , depozitních a investičních služeb poskytovaných korespondenty , uschovateli a depozitáři , vypořádacími organiza ­ cemi a zúčtovacími středisky pro deriváty obchodované na burze , je podloženo zvláštními dohodami aktuálně schválenými ECB .
The provision of financial services involving the foreign reserve assets of the ECB by financial intermediaries including , without limitation , banking , brokerage , custodial and investment services obtained from correspondents , custodians and depositories , settlement organisations and central clearers for exchange-traded derivatives shall be documented under such specific agreements as the ECB may approve from time to time .
Obecné zásady ECB / 2006/28 se s účinkem od 25 . června 2008 zrušují .
Guideline ECB / 2006/28 is hereby repealed with effect from 25 June 2008 .
Odkazy na obecné zásady ECB / 2006/28 se považují za odkazy na tyto obecné zásady .
References to Guideline ECB / 2006/28 shall be construed as being made to this Guideline .
Tyto obecné zásady vstupují v platnost dnem 25 . června 2008 .
This Guideline shall enter into force on 25 June 2008 .
Článek 5 Určení Tyto obecné zásady platí pro národní centrální banky eurozóny .
Article 5 Addressees This Guideline applies to the euro area NCBs .
Ve Frankfurtu nad Mohanem dne 20 . června 2008 .
Done at Frankfurt am Main , 20 June 2008 .
L 192/66
L 192/66
PŘÍLOHA I ECB ANNEX ( 1 ) 1 .
ANNEX I ECB ANNEX ( 1 ) 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 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 .
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 .
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 .
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 .
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 .
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 ;
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 ;
( 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 .
or ( iii ) a change in the Counterparty 's name .
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 .
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 .
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 .
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 .
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 .
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 .
( 1 ) This Annex has been drawn up in English and is incorporated into master agreements drawn up in English which are governed by English or New York law .
( 1 ) This Annex has been drawn up in English and is incorporated into master agreements drawn up in English which are governed by English or New York law .
L 192/67
L 192/67
PŘÍLOHA IIa Rámcová dohoda o vzájemném započtení pohledávek ( nettingu ) podle anglického práva MASTER NETTING AGREEMENT Dated : Between : European Central Bank , Kaiserstrasse 29 , D-60311 Frankfurt am Main , Germany ( hereinafter referred to as the ECB ) , and [ Counterparty ] whose [ address ] [ registered place of business ] is at [ address ] ( hereinafter referred to as the Counterparty ) 1 .
ANNEX IIa Master Netting Agreement governed by English law MASTER NETTING AGREEMENT Dated : Between : European Central Bank , Kaiserstrasse 29 , D-60311 Frankfurt am Main , Germany ( hereinafter referred to as the ECB ) , and [ Counterparty ] whose [ address ] [ registered place of business ] is at [ address ] ( hereinafter referred to as the Counterparty ) 1 .
The purpose of this Agreement ( hereinafter referred to as the Agreement ) is to ensure that the ECB is able to net all existing positions under all outstanding transactions made between the ECB and the Counterparty , regardless of any agent or agents authorised to act on behalf of the ECB through whom the transactions giving rise to those positions may have been effected , including the central bank of any Member State of the European Union which has adopted the euro as its currency , and regardless of which office ( including the head office and all branches ) of the Coun ­ terparty may be involved in such transactions , and after taking into account the effect of any existing netting provisions in master or other agreements between the ECB and the Counterparty and / or provisions of mandatory law that operate with similar effect that may apply to certain of such transactions .
The purpose of this Agreement ( hereinafter referred to as the Agreement ) is to ensure that the ECB is able to net all existing positions under all outstanding transactions made between the ECB and the Counterparty , regardless of any agent or agents authorised to act on behalf of the ECB through whom the transactions giving rise to those positions may have been effected , including the central bank of any Member State of the European Union which has adopted the euro as its currency , and regardless of which office ( including the head office and all branches ) of the Coun ­ terparty may be involved in such transactions , and after taking into account the effect of any existing netting provisions in master or other agreements between the ECB and the Counterparty and / or provisions of mandatory law that operate with similar effect that may apply to certain of such transactions .
In this Agreement , a « netting agreement » means any agreement for the time being in effect between the parties ( and including , without limitation , this Agreement and agreements of the kind listed in Appendix 1 of this Agreement ) , including such modifications and additions thereto as may be agreed between the ECB and the Counterparty ( hereinafter referred to as the parties ) from time to time , which contains provisions to the effect that , should any event of default as defined for the purposes of such agreement occur , there may be an early termination , liquidation , closing-out or acceleration of transactions or obligations under transactions or any analogous event ( a default termination ) and the respective obligations of the parties under such agreement may be combined , aggregated or set-off against each other so as to produce a single net balance payable by one party to the other .
In this Agreement , a « netting agreement » means any agreement for the time being in effect between the parties ( and including , without limitation , this Agreement and agreements of the kind listed in Appendix 1 of this Agreement ) , including such modifications and additions thereto as may be agreed between the ECB and the Counterparty ( hereinafter referred to as the parties ) from time to time , which contains provisions to the effect that , should any event of default as defined for the purposes of such agreement occur , there may be an early termination , liquidation , closing-out or acceleration of transactions or obligations under transactions or any analogous event ( a default termination ) and the respective obligations of the parties under such agreement may be combined , aggregated or set-off against each other so as to produce a single net balance payable by one party to the other .
All transactions of whatever nature ( hereinafter referred to as transactions ) entered into between the parties at any time after the date of this Agreement shall be governed by this Agreement , unless the parties specifically agree otherwise .
All transactions of whatever nature ( hereinafter referred to as transactions ) entered into between the parties at any time after the date of this Agreement shall be governed by this Agreement , unless the parties specifically agree otherwise .
This Agreement is supplemental to the netting agreements entered into between the parties prior to the date of this Agreement , and all further netting agreements and transactions entered into between the parties after the date of this Agreement shall be supplemental to this Agreement .
This Agreement is supplemental to the netting agreements entered into between the parties prior to the date of this Agreement , and all further netting agreements and transactions entered into between the parties after the date of this Agreement shall be supplemental to this Agreement .
L 192/68
L 192/68
Global netting
Global netting
Should a default termination occur , the ECB shall , as soon as is reasonably practicable , take an account of what is due from each party to the other under each netting agreement ( including under Appendix 2 of this Agreement ) in respect of which default termination has occurred and aggregate the sums due from each party to the other under such netting agreements ( including under Appendix 2 of this Agreement ) , in every case in or converted into the base currency , and only the net balance of the account shall be payable by the party owing the larger aggregate sum .
Should a default termination occur , the ECB shall , as soon as is reasonably practicable , take an account of what is due from each party to the other under each netting agreement ( including under Appendix 2 of this Agreement ) in respect of which default termination has occurred and aggregate the sums due from each party to the other under such netting agreements ( including under Appendix 2 of this Agreement ) , in every case in or converted into the base currency , and only the net balance of the account shall be payable by the party owing the larger aggregate sum .
This Agreement shall be governed by and construed in accordance with English law .
This Agreement shall be governed by and construed in accordance with English law .
European Central Bank By ______________________________________________ Title ____________________________________________
European Central Bank By ______________________________________________ Title ____________________________________________
Name of Counterparty By _____________________________________________ Title ___________________________________________ [ Address for the service of notices under this Agreement ]
Name of Counterparty By _____________________________________________ Title ___________________________________________ [ Address for the service of notices under this Agreement ]
Date ____________________________________________ [ In case of Luxembourg counterparties :
Date ____________________________________________ [ In case of Luxembourg counterparties :
Date ___________________________________________
Date ___________________________________________
In addition to clause 9 of this Agreement the parties agree that for purpose of Article 1 of the Protocol annexed to the Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters , signed in Brussels on 27 September 1998 and without prejudice to the foregoing execution of this Agreement by the parties hereto , [ Luxembourg counterparty ] expressly and specifically confirms its agreement to the provisions of clause 9 of this Agreement , stipulating that the District Court ( Landgericht ) of Frankfurt am Main shall have jurisdiction to hear and determine any suit , action or proceeding , and to settle any disputes , which may arise out of or in connection with this Agreement and , for such purposes , irrevocably submits to the jurisdiction of such courts .
In addition to clause 9 of this Agreement the parties agree that for purpose of Article 1 of the Protocol annexed to the Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters , signed in Brussels on 27 September 1998 and without prejudice to the foregoing execution of this Agreement by the parties hereto , [ Luxembourg counterparty ] expressly and specifically confirms its agreement to the provisions of clause 9 of this Agreement , stipulating that the District Court ( Landgericht ) of Frankfurt am Main shall have jurisdiction to hear and determine any suit , action or proceeding , and to settle any disputes , which may arise out of or in connection with this Agreement and , for such purposes , irrevocably submits to the jurisdiction of such courts .
Luxembourg counterparty By ______________________________________________ Title ___________________________________________ ]
Luxembourg counterparty By ______________________________________________ Title ___________________________________________ ]
L 192/69
L 192/69
Appendix 1 to Master netting agreement Netting agreements (*) 1 .
Appendix 1 to Master netting agreement Netting agreements (*) 1 .
L 192/70
L 192/70
Appendix 2 to Master netting agreement Transactions not subject to any netting agreement 1 .
Appendix 2 to Master netting agreement Transactions not subject to any netting agreement 1 .
Should : ( a ) a default termination occur under any netting agreement ;
Should : ( a ) a default termination occur under any netting agreement ;
or ( b ) an event that is defined as an event of default or other analogous event under any netting agreement occur , which event would , assuming there were outstanding transactions under any such netting agreement , result in , or entitle the ECB to take steps which would result in , a default termination under such netting agreement , ( any such event under ( a ) or ( b ) above is referred to in this Appendix as an « event of default ') , then all transactions to which this Appendix applies ( but not less than all , unless any such transaction may not be so closed out under applicable law ) under which obligations have or would otherwise have fallen due by or after the date of such event of default ( the close-out date ) shall be liquidated and closed out as described under paragraphs 3 and 4 of this Appendix , and the ECB shall , without prejudice to paragraphs 3 and 4 of this Appendix , not be obliged to make any further payments or deliveries under any such transactions .
or ( b ) an event that is defined as an event of default or other analogous event under any netting agreement occur , which event would , assuming there were outstanding transactions under any such netting agreement , result in , or entitle the ECB to take steps which would result in , a default termination under such netting agreement , ( any such event under ( a ) or ( b ) above is referred to in this Appendix as an « event of default ') , then all transactions to which this Appendix applies ( but not less than all , unless any such transaction may not be so closed out under applicable law ) under which obligations have or would otherwise have fallen due by or after the date of such event of default ( the close-out date ) shall be liquidated and closed out as described under paragraphs 3 and 4 of this Appendix , and the ECB shall , without prejudice to paragraphs 3 and 4 of this Appendix , not be obliged to make any further payments or deliveries under any such transactions .
The parties agree that the calculation of the net sum under paragraphs 3 and 4 of this Appendix is a reasonable preestimate of losses suffered .
The parties agree that the calculation of the net sum under paragraphs 3 and 4 of this Appendix is a reasonable preestimate of losses suffered .
L 192/71
L 192/71
PŘÍLOHA IIb Rámcová dohoda o vzájemném započtení pohledávek ( nettingu ) podle francouzského práva CONVENTION-CADRE DE COMPENSATION Date : Entre : La Banque centrale européenne , Kaiserstrasse 29 , D-60311 Francfort-sur-le-Main ( ci-après dénommée la « BCE » ) , et ( ci-après dénommée la « contrepartie » ) 1 .
ANNEX IIb Master netting agreement governed by French law CONVENTION-CADRE DE COMPENSATION Date : Entre : La Banque centrale européenne , Kaiserstrasse 29 , D-60311 Francfort-sur-le-Main ( ci-après dénommée la « BCE » ) , et ( ci-après dénommée la « contrepartie » ) 1 .