Template:M comp disc 2002 ISDA 6(b)(iv): Difference between revisions

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{{isda 6(b)(iv) comp|isdaprov}}
{{isda 6(b)(iv) comp|isdaprov}}
The additions for {{isdaprov|Illegality}} and {{isdaprov|Force Majeure}} in the {{2002ma}} afford spectacular insight into the paranoid mind of {{icds}}, and the sort of rabbit hole one can find oneself falling down if one tries to over-think disaster scenarios. The contingencies the new wording addresses — none of which really bear much resemblance to the commercial world — are as follows:
*What happens if a party early terminates only some, but not all, {{isdaprov|Affected Transaction}}s — which, sure, it is entitled to do but nonetheless, in most cases, would be a [[dick move]]: here the terminating party must give two extra {{isdaprov|Local Business Day}}s’ notice over what it would have to give if it were terminating all {{isdaprov|Affected Transaction}}s, to allow the {{isdaprov|Affected Party}} to respond to the notice closing out the remaining {{isdaprov|Affected Transaction}}s.
*Being clear that where an {{isdaprov|Illegality}} or {{isdaprov|Force Majeure}} relates to a {{isdaprov|Credit Support Document}}, only the beneficiary<ref> That is, the counterparty to the person whose {{isdaprov|Credit Support Document}} is suddenly illegal.</ref> of the afforded by that {{isdaprov|Credit Support Document}} can call for early termination. This stands to reason since the guaranteed party does not itself suffer any loss as a result of the failure of that credit support document, so should not be entitled to use it as an excuse to terminate Transactions (well — not unless and until that beneficiary has been a dick as contemplated above and terminated only ''some'' of the {{isdaprov|Affected Transaction}}s. At this point, all bets are off.

Revision as of 07:33, 28 June 2023

Oh, this section 6(b)(iv) stuff
Is sure stirring up some ghosts for me.
She said, “There’s one thing you gotta learn
Is not to be afraid of it.”
I said, “No, I like it, I like it, it’s good.”
She said, “You like it now —
But you’ll learn to love it later”

— Robbie Robertson[1]

Template:Isda 6(b)(iv) comp

  1. Okay he didn’t say the bit about Section 6(b)(iv)