Template:Isda 2(a)(iii) premium: Difference between revisions

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Created page with "*How and when 2(a)(iii) is or, more to the point ''not'', triggered. *The confusion, fear and loathing that can arising from no-one knowing whether 2(a)(iii) applies. *The confusion arising from not knowing when the condition precedent is meant to apply. *The JC’s idiosyncratic theory about why anyone thought 2(a)(iii) was a good idea in the first place. *The JC’s impassioned argument that, even if once upon a time it was, Section 2(a)(iii) is no longer fit for purp..."
 
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*How and when 2(a)(iii) is or, more to the point ''not'', triggered.  
*Mechanics:
*The confusion, fear and loathing that can arising from no-one knowing whether 2(a)(iii) applies.
:*How and when 2(a)(iii) is or, more to the point ''not'', triggered.  
*The confusion arising from not knowing when the condition precedent is meant to apply.
:*The confusion arising from no-one knowing whether 2(a)(iii) applies.
*The JC’s idiosyncratic theory about why anyone thought 2(a)(iii) was a good idea in the first place.
:*The confusion arising from not knowing when it applies.
*The JC’s impassioned argument that, even if once upon a time it was, Section 2(a)(iii) is no longer fit for purpose.
:*The JC’s theory about why anyone thought 2(a)(iii) was a good idea in the first place.
*How Section 2(a)(iii) held up during the sanctions extravaganza when Russia invaded Ukraine (hint: it didn’t help!)
:*The JC’s view that even if once upon a time it was, Section 2(a)(iii) is no longer fit for purpose.
*How Section 2(a)(iii) operates in the case of non-payment-or-delivery defaults.
:*How Section 2(a)(iii) held up during the sanctions extravaganza when Russia invaded Ukraine (TL;DR: it didn’t help!)
*How corporate buyers of fully paid options might feel about 2(a)(iii) (hint: not happy!) and the sorts of amendments they might think about making if they want to feel happier
*Regulatory issues
*Why regulators don’t like 2(a)(iii)
:*Why regulators don’t like 2(a)(iii).
*What the courts think of 2(a)(iii) — in a nutshell, they are ''confused'' — plus a table comparing the six major decisions on the clause
:*What the courts think of 2(a)(iii) — in a nutshell, they are ''confused'' about it.
:*A table comparing the six major decisions on the clause.
*Practical issues:
:*How Section 2(a)(iii) operates in the case of non-payment-or-delivery defaults.
:*How corporate buyers of fully paid options might feel about 2(a)(iii) (hint: not happy!)  
:*Amendments those corporates might think about making if they want to feel happier.

Latest revision as of 12:59, 4 May 2024

  • Mechanics:
  • How and when 2(a)(iii) is or, more to the point not, triggered.
  • The confusion arising from no-one knowing whether 2(a)(iii) applies.
  • The confusion arising from not knowing when it applies.
  • The JC’s theory about why anyone thought 2(a)(iii) was a good idea in the first place.
  • The JC’s view that even if once upon a time it was, Section 2(a)(iii) is no longer fit for purpose.
  • How Section 2(a)(iii) held up during the sanctions extravaganza when Russia invaded Ukraine (TL;DR: it didn’t help!)
  • Regulatory issues
  • Why regulators don’t like 2(a)(iii).
  • What the courts think of 2(a)(iii) — in a nutshell, they are confused about it.
  • A table comparing the six major decisions on the clause.
  • Practical issues:
  • How Section 2(a)(iii) operates in the case of non-payment-or-delivery defaults.
  • How corporate buyers of fully paid options might feel about 2(a)(iii) (hint: not happy!)
  • Amendments those corporates might think about making if they want to feel happier.
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