Template:M premium 2002 ISDA 2(a)(iii): Difference between revisions

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Created page with "*The mechanics of how and when 2(a)(iii) is triggered and the conceptual confusion arising from that *How this all relates to non-payment-or-delivery defaults *How corporate buyers of fully paid options tend to feel about 2(a)(iii), and the sorts of amendments they tend to make *Why regulators don’t like 2(a)(iii) *What the courts think of 2(a)(iii)"
 
Replaced content with "{{isda 2(a)(iii) premium|isdaprov}}"
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*The mechanics of how and when 2(a)(iii) is triggered and the conceptual confusion arising from that
{{isda 2(a)(iii) premium|isdaprov}}
*How this all relates to non-payment-or-delivery defaults
*How corporate buyers of fully paid options tend to feel about 2(a)(iii), and the sorts of amendments they tend to make
*Why regulators don’t like 2(a)(iii)
*What the courts think of 2(a)(iii)

Latest revision as of 11:20, 30 December 2023

  • 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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