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

Latest revision as of 11:20, 30 December 2023

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!)

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.

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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-*How and when 2(a)(iii) is or, more to the point ''not'', triggered.
+{{isda 2(a)(iii) premium|isdaprov}}
-*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 purpose.
-*How Section 2(a)(iii) held up during the sanctions extravaganza when Russia invaded Ukraine (hint: it didn’t help!)
-*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!) and the sorts of amendments they might think about making if they want to feel happier
-*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