Termination Currency - ISDA Provision: Difference between revisions

From The Jolly Contrarian
Jump to navigation Jump to search
No edit summary
No edit summary
 
(2 intermediate revisions by the same user not shown)
Line 1: Line 1:
{{isdaanat|Termination Currency}}
{{nman|isda|2002|Termination Currency}}
Compare and contrast with the {{csaprov|Base Currency}} in the {{tag|CSA}}. Ideally, you’d want them to be the same. Ten points for style if you can think of a reason for having different ones. [[Goldman]] probably could.
 
So what is this all about, then? Well, swap transactions by nature are likely to have different currencies — cross-currency swaps are, anyway — and if (heaven forfend) you should be closing out a whole portfolio of them, then you will have boil everything down, at some point, to a single currency. Some are better than others — a G7 ones are more liquid and less volatile than others, and each counterparty will have a preference for its own home currency — an investment fund, the base currency of the fund.
 
The sort of thing you might expect to see specified in the schedule is this:
:“{{isdaprov|Termination Currency}}” means one of the currencies in which payments are required to be made under a {{isdaprov|Terminated Transaction}} selected by the {{isdaprov|Non-defaulting Party}} or the {{isdaprov|non-Affected Party}}, [[as the case may be]], or where there are two {{isdaprov|Affected Parties}}, as agreed between them or, if not agreed, or if the selected currency so is not freely available, [U.S. Dollars][Euro][Pounds Sterling].
 
The {{1992}} had no fallback {{isdaprov|Termination Currency}} for those parties who forget to agree one in their schedule: an impressive design flaw. {{icds}} corrected this for the {{2002ma}}, which assumes EUR or USD (depending on the governing law you select) if you haven’t agreed something else. This means a 2002 version {{tag|LFC}} does not need to specify a {{isdaprov|Termination Currency}}. Not that you’d ever use a [[long form confirmation]] in this day and age, of course.
 
The {{isdaprov|Termination Currency}} concept can be applied to the termination and close-out of single {{isdaprov|Transaction}}s or groups of {{isdaprov|Transaction}}s, so it does make sense for it to be "a currency in which payments are due to be made under the relevant {{isdaprov|Terminated Transaction}}" - or some such thing.

Latest revision as of 16:46, 14 August 2024

2002 ISDA Master Agreement

A Jolly Contrarian owner’s manual™

Termination Currency in a Nutshell

The JC’s Nutshell summary of this term has moved uptown to the subscription-only ninja tier. For the cost of ½ a weekly 🍺 you can get it here. Sign up at Substack. You can even ask questions! Ask about it here.

Original text

Termination Currency” means (a) if a Termination Currency is specified in the Schedule and that currency is freely available, that currency, and (b) otherwise, euro if this Agreement is expressed to be governed by English law or United States Dollars if this Agreement is expressed to be governed by the laws of the State of New York.

See ISDA Comparison for a comparison between the 1992 ISDA and the 2002 ISDA.
The Varieties of ISDA Experience
Subject 2002 (wikitext) 1992 (wikitext) 1987 (wikitext)
Preamble Pre Pre Pre
Interpretation 1 1 1
Obligns/Payment 2 2 2
Representations 3 3 3
Agreements 4 4 4
EODs & Term Events 5 Events of Default: FTPDBreachCSDMisrepDUSTCross DefaultBankruptcyMWA Termination Events: IllegalityFMTax EventTEUMCEUMATE 5 Events of Default: FTPDBreachCSDMisrepDUSTCross DefaultBankruptcyMWA Termination Events: IllegalityTax EventTEUMCEUMATE 5 Events of Default: FTPDBreachCSDMisrepDUSSCross DefaultBankruptcyMWA Termination Events: IllegalityTax EventTEUMCEUM
Early Termination 6 Early Termination: ET right on EODET right on TEEffect of DesignationCalculations; Payment DatePayments on ETSet-off 6 Early Termination: ET right on EODET right on TEEffect of DesignationCalculationsPayments on ETSet-off 6 Early Termination: ET right on EODET right on TEEffect of DesignationCalculationsPayments on ET
Transfer 7 7 7
Contractual Currency 8 8 8
Miscellaneous 9 9 9
Offices; Multibranch Parties 10 10 10
Expenses 11 11 11
Notices 12 12 12
Governing Law 13 13 13
Definitions 14 14 14
Schedule Schedule Schedule Schedule
Termination Provisions Part 1 Part 1 Part 1
Tax Representations Part 2 Part 2 Part 2
Documents for Delivery Part 3 Part 3 Part 3
Miscellaneous Part 4 Part 4 Part 4
Other Provisions Part 5 Part 5 Part 5

Resources and Navigation

Index: Click to expand:

Comparisons

What currency do you settle up in, when all has gone tetas arriba.

Basics

Compare and contrast with the Base Currency in the CSA. Ideally, you’d want them to be the same. Ten points for style if you can think of a reason for having different ones. Goldman probably could.

So what is this all about, then? Well, swap transactions by nature are likely to have different currencies — cross-currency swaps are, anyway — and if (heaven forfend) you should be closing out a whole portfolio of them, then you will have boil everything down, at some point, to a single currency. Some are better than others — a G7 ones are more liquid and less volatile than others, and each counterparty will have a preference for its own home currency — an investment fund, the base currency of the fund.

The sort of thing you might expect to see specified in the schedule is this:

Termination Currency” means one of the currencies in which payments are required to be made under a Terminated Transaction selected by the Non-defaulting Party or the non-Affected Party, as the case may be, or where there are two Affected Parties, as agreed between them or, if not agreed, or if the selected currency so is not freely available, [U.S. Dollars][Euro][Pounds Sterling].
Premium content
Here the free bit runs out. Subscribers click 👉 here. New readers sign up 👉 here and, for ½ a weekly 🍺 go full ninja about all these juicy topics👇
  • JC’s “nutshell” summary of the clause
  • Background reading and long-form essays

See also

References