Template:ISDA English Law Credit Support Annex 2016 Exposure: Difference between revisions
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“'''{{vmcsaprov|Exposure}}'''” means, [[unless otherwise specified in]] Paragraph {{vmcsaprov|11}} for any {{vmcsaprov|Valuation Date}} or other date for which {{vmcsaprov|Exposure}} is calculated and subject to Paragraph {{vmcsaprov|4}} in the case of a dispute: | “'''{{vmcsaprov|Exposure}}'''” means, [[unless otherwise specified in]] Paragraph {{vmcsaprov|11}} for any {{vmcsaprov|Valuation Date}} or other date for which {{vmcsaprov|Exposure}} is calculated and subject to Paragraph {{vmcsaprov|4}} in the case of a dispute: | ||
:(i) if this Agreement is a [[1992 ISDA Master Agreement]], the amount, if any, that would be payable to that party by the other party (expressed as a positive number) or by that party to the other party (expressed as a negative number) pursuant to Section {{isdaprov|6(e)(ii)}}(1) of this Agreement if all {{vmcsaprov|Covered | :(i) if this Agreement is a [[1992 ISDA Master Agreement]], the amount, if any, that would be payable to that party by the other party (expressed as a positive number) or by that party to the other party (expressed as a negative number) pursuant to Section {{isdaprov|6(e)(ii)}}(1) of this Agreement if all {{vmcsaprov|Covered Transaction}}s (other than the {{isdaprov|Transaction}} constituted by this {{vmcsaprov|Annex}}) were being terminated as of the relevant {{vmcsaprov|Valuation Time}} on the basis that | ||
::(A) that party is not the {{isdaprov|Affected Party}} and | ::(A) that party is not the {{isdaprov|Affected Party}} and | ||
::(B) the {{vmcsaprov|Base Currency}} is the {{isdaprov|Termination Currency}}; | ::(B) the {{vmcsaprov|Base Currency}} is the {{isdaprov|Termination Currency}}; | ||
:provided that {{isdaprov|Market Quotation}}s will be determined by the {{vmcsaprov|Valuation Agent}} on behalf of that party using its estimates at mid-market of the amounts that would be paid for {{isdaprov|Replacement Transaction}}s (as that term is defined in the definition of "{{isdaprov|Market Quotation}}"); and | :provided that {{isdaprov|Market Quotation}}s will be determined by the {{vmcsaprov|Valuation Agent}} on behalf of that party using its estimates at mid-market of the amounts that would be paid for {{isdaprov|Replacement Transaction}}s (as that term is defined in the definition of "{{isdaprov|Market Quotation}}"); and | ||
:(ii) if this Agreement is | :(ii) if this Agreement is a {{2002ma}} or a {{1992ma}} in which the definition of {{isdaprov|Loss}} [[and/or]] {{isdaprov|Market Quotation}} has been amended (including where such amendment has occurred pursuant to the terms of a separate agreement or protocol) to reflect the definition of {{isdaprov|Close-out Amount}} from the pre-printed form of the [[ISDA 2002 Master Agreement]] as published by {{tag|ISDA}}, the amount, if any, that would be payable to that party by the other party (expressed as a positive number) or by that party to the other party (expressed as a negative number) pursuant to Section {{isdaprov|6(e)(ii)}}(1) (but without reference to clause (3) of Section {{isdaprov|6(e)(ii)}}) of this {{isdaprov|Agreement}} as if all {{vmcsaprov|Covered Transaction}}s (other than the {{isdaprov|Transaction}}s constituted by this {{vmcsaprov|Annex}}) were being terminated as of the relevant {{vmcsaprov|Valuation Time}} on the basis that | ||
::(A) that party is not the {{isdaprov|Affected Party}} and | ::(A) that party is not the {{isdaprov|Affected Party}} and | ||
::(B) the {{vmcsaprov|Base Currency}} is the {{isdaprov|Termination Currency}}; | ::(B) the {{vmcsaprov|Base Currency}} is the {{isdaprov|Termination Currency}}; | ||
:provided that the {{isdaprov|Close-out Amount}} will be determined by the {{vmcsaprov|Valuation Agent}} on behalf of that party using its estimates at mid-market of the amounts that would be paid for transactions providing the economic equivalent of (X) the material terms of the {{vmcsaprov|Covered Transaction}}s, including the payments and deliveries by the parties under Section {{isdaprov|2(a)(i)}} in respect of the {{ | :provided that the {{isdaprov|Close-out Amount}} will be determined by the {{vmcsaprov|Valuation Agent}} on behalf of that party using its estimates at mid-market of the amounts that would be paid for transactions providing the economic equivalent of (X) the material terms of the {{vmcsaprov|Covered Transaction}}s, including the payments and deliveries by the parties under Section {{isdaprov|2(a)(i)}} in respect of the {{vmcsaprov|Covered Transaction}}s that would, but for the occurrence of the relevant {{isdaprov|Early Termination Date}}, have been required after that date (assuming satisfaction of the [[conditions precedent]] in Section {{isdaprov|2(a)(iii)}} of this Agreement); and (Y) the [[option]] rights of the parties in respect of the {{vmcsaprov|Covered Transaction}}s. <br> | ||
Revision as of 14:16, 6 January 2020
“Exposure” means, unless otherwise specified in Paragraph 11 for any Valuation Date or other date for which Exposure is calculated and subject to Paragraph 4 in the case of a dispute:
- (i) if this Agreement is a 1992 ISDA Master Agreement, the amount, if any, that would be payable to that party by the other party (expressed as a positive number) or by that party to the other party (expressed as a negative number) pursuant to Section 6(e)(ii)(1) of this Agreement if all Covered Transactions (other than the Transaction constituted by this Annex) were being terminated as of the relevant Valuation Time on the basis that
- (A) that party is not the Affected Party and
- (B) the Base Currency is the Termination Currency;
- provided that Market Quotations will be determined by the Valuation Agent on behalf of that party using its estimates at mid-market of the amounts that would be paid for Replacement Transactions (as that term is defined in the definition of "Market Quotation"); and
- (ii) if this Agreement is a 2002 ISDA or a 1992 ISDA in which the definition of Loss and/or Market Quotation has been amended (including where such amendment has occurred pursuant to the terms of a separate agreement or protocol) to reflect the definition of Close-out Amount from the pre-printed form of the ISDA 2002 Master Agreement as published by ISDA, the amount, if any, that would be payable to that party by the other party (expressed as a positive number) or by that party to the other party (expressed as a negative number) pursuant to Section 6(e)(ii)(1) (but without reference to clause (3) of Section 6(e)(ii)) of this Agreement as if all Covered Transactions (other than the Transactions constituted by this Annex) were being terminated as of the relevant Valuation Time on the basis that
- (A) that party is not the Affected Party and
- (B) the Base Currency is the Termination Currency;
- provided that the Close-out Amount will be determined by the Valuation Agent on behalf of that party using its estimates at mid-market of the amounts that would be paid for transactions providing the economic equivalent of (X) the material terms of the Covered Transactions, including the payments and deliveries by the parties under Section 2(a)(i) in respect of the Covered Transactions that would, but for the occurrence of the relevant Early Termination Date, have been required after that date (assuming satisfaction of the conditions precedent in Section 2(a)(iii) of this Agreement); and (Y) the option rights of the parties in respect of the Covered Transactions.