provide that notification will not affect the validity of such
exercise.
Section 13.8. Fallback Exercise. If "Automatic Exercise" is not specified to be applicable.
"Fallback Exercise" will be deemed ... respect of which the Underlying Swap
Transaction is an interest Rate Swap. If Fallback Exercise is applicable to a Swaption, then the Notional
Amount of the Underlying Swap Transaction ... Agent (orally, including
by telephone, or in writing) that it does not wish Fallback Exercise to apply.
If either party believes that exercise pursuant to the provisions of this Section
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01388301.pdf
exercised pursuant to the provisions of Section 13.7 (Automatic Exercise)
or Section 13.8 (Fallback Exercise), Seller will pay to Buyer, subject to any other applicable provisions,
the Cash Settlement Amount ... party, in accordance with the provisions of Section 13.7 (Automatic Exercise) or Section 13.8
(Fallback Exercise), that it believes such exercise has occurred.
(b) In respect of each Exercise Date
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01388305.pdf