Defaulting Party and Affected Party - ISDA Provision: Difference between revisions
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Revision as of 19:02, 18 January 2017
ISDA Anatomy™
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6(a) in a Nutshell™ (ISDA edition)
6(a) Right to Terminate following Event of Default. If one party (“Defaulting Party”) suffers an Event of Default, the other (the “Non-defaulting Party”) may, by not more than 20 days’ notice, designate an Early Termination Date for all outstanding Transactions. If Automatic Early Termination applies to the Defaulting Party and the Event of Default it is qualifying Bankruptcy event, the Early Termination Date will occur:
- (i) upon the Bankruptcy event, if under 5(a)(vii)(1), (3), (5) or (6) or if analogous, (8); and
- (ii) immediately before institution of the relevant proceeding, if under 5(a)(vii)(4) or if analogous, (8).