Template:M summ Pledge GMSLA 9.2: Difference between revisions

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{{gmsla9commentary}}
[[9.3 - Pledge GMSLA Provision|Note]] the clear exclusion of indirect and [[consequential loss]]es, as well as losses to which the Transferee is contributorily [[negligent]]. <ref>If you are thinking I just made up the [[adjective]] “contributorily”, and were about to conclude I’m maybe a bit ''[[reckless]]'' you might be interested to know it is actually a [https://en.wiktionary.org/wiki/contributorily word].</ref>
 
Note also the clear exclusion of indirect and [[consequential loss]]es, as well as losses to which the Transferee is contributorily [[negligent]]. <ref>If you are thinking I just made up the [[adjective]] “contributorily”, and were about to conclude I’m maybe a bit ''[[reckless]]'' you might be interested to know it is actually a [https://en.wiktionary.org/wiki/contributorily word].</ref>


===Default interest===
===Default interest===
Are references here to [[interest]] to, like ''default'' interest under Clause {{gmslaprov|11.7}}? And if so are we in a world of {{t|LIBOR}} remediation?
Are references here to [[interest]] to, like ''default'' interest under Clause {{pgmslaprov|11.7}}? And if so are we in a world of {{t|LIBOR}} remediation?


Well, this old fellow’s opinion is ''no''. Clause {{gmslaprov|11.7}} of the {{gmsla}} is specific to costs following ''actual'' [[close out]] on an {{gmslaprov|Event of Default}} (a {{gmslaprov|Buy-in}} ''isn’t'' an {{gmslaprov|Event of Default}}), and only on professional expenses. The vibe here is ''you reimburse me my ''actual'' costs''. So, the ''actual interest'' cost I incurred in funding the securities I bought in, rather than some abstract derivative notion of my costs represented by a [[benchmark]].
Well, this old fellow’s opinion is ''no''. Clause {{pgmslaprov|11.7}} of the {{pgmsla}} is specific to costs following ''actual'' [[close out]] on an {{gmslaprov|Event of Default}} (a {{pgmslaprov|Buy-in}} ''isn’t'' an {{pgmslaprov|Event of Default}}), and only on professional expenses. The vibe here is ''you reimburse me my ''actual'' costs''. So, the ''actual interest'' cost I incurred in funding the securities I bought in, rather than some abstract derivative notion of my costs represented by a [[benchmark]].


===Replacement costs and [[ISDA]] [[hedging]] language===
===Replacement costs and [[ISDA]] [[hedging]] language===
Does it make sense to replace this clause with some convoluted shtick about the costs of {{isdaprov|Replacement Transaction}}s or otherwise hedging the innocent party’s exposure? To determine follow this flow chart:  
Does it make sense to replace this clause with some convoluted shtick about the costs of {{isdaprov|Replacement Transaction}}s or otherwise hedging the innocent party’s [[exposure]]? To determine follow this flow chart:  


[[File:GS Tree.png|frameless|470px|center|Not called the [[vampire squid]] for nothing, you know.]]
[[File:GS Tree.png|thumb|400px|center|Not called the [[vampire squid]] for nothing, you know.]]
{{sa}}
*[[Goldman]]
*[[Chicken licken]]
*{{wasteprov|Over-processing}}
{{ref}}