2005 ISDA Master Give-Up Agreement: Difference between revisions

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Here is a copy of the [[Media:2005 ISDA Master Give-up Agreement.docx|2005 ISDA Master Give-Up Agreement]].
Here is a copy of the [[Media:2005 ISDA Master Give-up Agreement.docx|2005 ISDA Master Give-Up Agreement]].


This is an agency agreement whereby a prime broker client (called the "{{isdaprov|Designated Party}}") may enter transactions under an {{isdama}} with an executing broker (called the "{{isdaprov|Dealer}}") on behalf of the {{isdaprov|Designated Party}}'s {{isdaprov|Prime Broker}}. There is never a principal-principal contract between the {{isdaprov|Designating Party}} and the {{isdaprov|Dealer}}.
This is an agency agreement whereby a prime broker client (called the “{{isdaprov|Designated Party}}”) may enter transactions under an {{isdama}} with an executing broker (called the “{{isdaprov|Dealer}}”) on behalf of the {{isdaprov|Designated Party}}’s {{isdaprov|Prime Broker}}. There is never a principal-to-principal contract between the {{isdaprov|Designating Party}} and the {{isdaprov|Dealer}}.


Ironically - amusingly even, if ISDA documentation can ever said to be even faintly amusing - there is no give-up under this arrangement - there's only ever one contract between Dealer and Prime Broker - so the document is a misnomer of sorts.
Ironically – amusingly even, if ISDA documentation can ever said to be even faintly amusing – there is no [[give-up]] under this arrangement – there’s only ever one contract between [[Dealer]] and [[Prime Broker]] – so the document is a misnomer of sorts.


Compare that to the cash equity give-up process, where the prime broker client seeks a price indication from the executing broker, but never transacts any trade at all, but rather instructs its prime broker to do so. This one is a misnomer to, amusingly enough*, since here, also, there is never a contract that is given up.
Compare that to the cash equity [[give-up]] process, where the [[prime broker]]’s client seeks a price indication from the [[executing broker]], but never transacts any trade at all, but rather instructs its [[prime broker]] to do so, against execution of a distinct [[equity swap]] between [[prime broker]] and client. This one is a misnomer too, amusingly enough<ref>Well – it’s amusing if that sort of thing floats your boat.</ref>since here, also, there is never a contract that is given up.


{{isdaanatomy}}
===Table of Contents===
Section {{prov|{{igu}}|1}}. {{prov|{{igu}}|Authorization}} <br />
Section {{prov|{{igu}}|2}}. {{prov|{{igu}}|Representations and Warranties}} <br />
Section {{prov|{{igu}}|3}}. {{prov|{{igu}}|Accepted Transaction and Trade Acceptance Procedure}} <br />
Section {{prov|{{igu}}|4}}. {{prov|{{igu}}|Termination}}<br />
Section {{prov|{{igu}}|5}}. {{prov|{{igu}}|Delivery and Effectiveness of Communication and Trade Notices}} <br />
Section {{prov|{{igu}}|6}}. {{prov|{{igu}}|Governing Law and Proceedings}} <br />
Section {{prov|{{igu}}|7}}. {{prov|{{igu}}|Miscellaneous}} <br />
Section {{prov|{{igu}}|8}}. {{prov|{{igu}}|Definitions}} <br />
{{prov|{{igu}}|Schedule}}<br />
{{prov|{{igu}}|Part 5}} ({{prov|{{igu}}|Termination notice}})<br />


*If that sort of thing floats your boat.
{{Giveupterminationboilerplate}}

Latest revision as of 18:19, 21 October 2016

Here is a copy of the 2005 ISDA Master Give-Up Agreement.

This is an agency agreement whereby a prime broker client (called the “Designated Party”) may enter transactions under an ISDA Master Agreement with an executing broker (called the “Dealer”) on behalf of the Designated Party’s Prime Broker. There is never a principal-to-principal contract between the Designating Party and the Dealer.

Ironically – amusingly even, if ISDA documentation can ever said to be even faintly amusing – there is no give-up under this arrangement – there’s only ever one contract between Dealer and Prime Broker – so the document is a misnomer of sorts.

Compare that to the cash equity give-up process, where the prime broker’s client seeks a price indication from the executing broker, but never transacts any trade at all, but rather instructs its prime broker to do so, against execution of a distinct equity swap between prime broker and client. This one is a misnomer too, amusingly enough[1]since here, also, there is never a contract that is given up.

Table of Contents

Section 1. Authorization
Section 2. Representations and Warranties
Section 3. Accepted Transaction and Trade Acceptance Procedure
Section 4. Termination
Section 5. Delivery and Effectiveness of Communication and Trade Notices
Section 6. Governing Law and Proceedings
Section 7. Miscellaneous
Section 8. Definitions
Schedule
Part 5 (Termination notice)

See also

  1. ↑ Well – it’s amusing if that sort of thing floats your boat.
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