Affected Transactions - ISDA Provision: Difference between revisions

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{{fullanat2|isda|Affected Transactions|2002|Affected Transactions|1992}}
{{fullanat2|isda|Affected Transactions|2002|Affected Transactions|1992}}
Note that for {{isdaprov|Additional Termination Events}} and {{isdaprov|Credit Event Upon Merger}}, all {{isdaprov|Transactions}} are automatically caught, and if you want to capture just certain {{isdaprov|Transactions}}, you'll need to tweak this definition too. <br>
Note that for {{isdaprov|Additional Termination Events}} and {{isdaprov|Credit Event Upon Merger}}, all {{isdaprov|Transactions}} are automatically caught, and if you want to capture just certain {{isdaprov|Transactions}}, you'll need to tweak this definition too. <br>
There is a lot more about how pointlessly over-engineered this clause is at {{isdaprov|Right To Terminate}}.
{{seealso}}
*{{isdaprov|Right to Terminate}}

Revision as of 16:09, 6 August 2018

ISDA Anatomy™


2002 ISDA
Affected Transactions” means (a) with respect to any Termination Event consisting of an Illegality, Force Majeure Event, Tax Event or Tax Event Upon Merger, all Transactions affected by the occurrence of such Termination Event (which, in the case of an Illegality under Section 5(b)(i)(2) or a Force Majeure Event under Section 5(b)(ii)(2), means all Transactions unless the relevant Credit Support Document references only certain Transactions, in which case those Transactions and, if the relevant Credit Support Document constitutes a Confirmation for a Transaction, that Transaction) and (b) with respect to any other Termination Event, all Transactions.

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1992 ISDA
Affected Transactions” means (a) with respect to any Termination Event consisting of an Illegality, Tax Event or Tax Event Upon Merger, all Transactions affected by the occurrence of such Termination Event and (b) with respect to any other Termination Event, all Transactions.

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Index: Click to expand:Navigation
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
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Note that for Additional Termination Events and Credit Event Upon Merger, all Transactions are automatically caught, and if you want to capture just certain Transactions, you'll need to tweak this definition too.

There is a lot more about how pointlessly over-engineered this clause is at Right To Terminate.

See also