Template:ISDA Master Agreement 2002 6(e)(ii): Difference between revisions
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{{isdaprov|6(e)(ii)}} '''{{isdaprov|Termination Events}}'''. If the {{isdaprov|Early Termination Date}} results from a {{isdaprov|Termination Event}}:― | :{{isdaprov|6(e)(ii)}} '''{{isdaprov|Termination Events}}'''. If the {{isdaprov|Early Termination Date}} results from a {{isdaprov|Termination Event}}:― | ||
:(1) '''One {{isdaprov|Affected Party}}'''. Subject to clause (3) below, if there is one {{isdaprov|Affected Party}}, the Early Termination Amount will be determined in accordance with Section {{isdaprov|6(e)(i)}}, except that references to the {{isdaprov|Defaulting Party}} and to the {{isdaprov|Non-defaulting Party}} will be deemed to be references to the {{isdaprov|Affected Party}} and to the {{isdaprov|Non-affected Party}}, respectively. | ::(1) '''One {{isdaprov|Affected Party}}'''. Subject to clause (3) below, if there is one {{isdaprov|Affected Party}}, the Early Termination Amount will be determined in accordance with Section {{isdaprov|6(e)(i)}}, except that references to the {{isdaprov|Defaulting Party}} and to the {{isdaprov|Non-defaulting Party}} will be deemed to be references to the {{isdaprov|Affected Party}} and to the {{isdaprov|Non-affected Party}}, respectively. | ||
:(2) '''Two {{isdaprov|Affected Parties}}'''. Subject to clause (3) below, if there are two {{isdaprov|Affected Parties}}, each party will determine an amount equal to the {{isdaprov|Termination Currency Equivalent}} of the sum of the {{isdaprov|Close-out Amount}} or {{isdaprov|Close-out Amounts}} (whether positive or negative) for each Terminated Transaction or group of {{isdaprov|Terminated Transactions}}, as the case may be, and the Early Termination Amount will be an amount equal to (A) the sum of (I) one-half of the difference between the higher amount so determined (by party “'''X'''”) and the lower amount so determined (by party “'''Y'''”) and (II) the {{isdaprov|Termination Currency Equivalent}} of the {{isdaprov|Unpaid Amounts}} owing to X less (B) the {{isdaprov|Termination Currency Equivalent}} of the {{isdaprov|Unpaid Amounts}} owing to Y. If the Early Termination Amount is a positive number, Y will pay it to X; if it is a negative number, X will pay the absolute value of the {{isdaprov|Early Termination Amount}} to Y. | ::(2) '''Two {{isdaprov|Affected Parties}}'''. Subject to clause (3) below, if there are two {{isdaprov|Affected Parties}}, each party will determine an amount equal to the {{isdaprov|Termination Currency Equivalent}} of the sum of the {{isdaprov|Close-out Amount}} or {{isdaprov|Close-out Amounts}} (whether positive or negative) for each Terminated Transaction or group of {{isdaprov|Terminated Transactions}}, as the case may be, and the Early Termination Amount will be an amount equal to (A) the sum of (I) one-half of the difference between the higher amount so determined (by party “'''X'''”) and the lower amount so determined (by party “'''Y'''”) and (II) the {{isdaprov|Termination Currency Equivalent}} of the {{isdaprov|Unpaid Amounts}} owing to X less (B) the {{isdaprov|Termination Currency Equivalent}} of the {{isdaprov|Unpaid Amounts}} owing to Y. If the Early Termination Amount is a positive number, Y will pay it to X; if it is a negative number, X will pay the absolute value of the {{isdaprov|Early Termination Amount}} to Y. | ||
:(3) '''Mid-Market Events'''. If that {{isdaprov|Termination Event}} is an {{isdaprov|Illegality}} or a {{isdaprov|Force Majeure Event}}, then the {{isdaprov|Early Termination Amount}} will be determined in accordance with clause (1) or (2) above, as appropriate, except that, for the purpose of determining a {{isdaprov|Close-out Amount}} or Close-out Amounts, the {{isdaprov|Determining Party}} will:― | ::(3) '''Mid-Market Events'''. If that {{isdaprov|Termination Event}} is an {{isdaprov|Illegality}} or a {{isdaprov|Force Majeure Event}}, then the {{isdaprov|Early Termination Amount}} will be determined in accordance with clause (1) or (2) above, as appropriate, except that, for the purpose of determining a {{isdaprov|Close-out Amount}} or Close-out Amounts, the {{isdaprov|Determining Party}} will:― | ||
::(A) if obtaining quotations from one or more third parties (or from any of the {{isdaprov|Determining Party}}’s Affiliates), ask each third party or {{isdaprov|Affiliate}} (I) not to take account of the current creditworthiness of the {{isdaprov|Determining Party}} or any existing Credit Support Document and (II) to provide mid-market quotations; and | :::(A) if obtaining quotations from one or more third parties (or from any of the {{isdaprov|Determining Party}}’s Affiliates), ask each third party or {{isdaprov|Affiliate}} (I) not to take account of the current creditworthiness of the {{isdaprov|Determining Party}} or any existing Credit Support Document and (II) to provide mid-market quotations; and | ||
::(B) in any other case, use mid-market values without regard to the creditworthiness of the {{isdaprov|Determining Party}}. <br> | :::(B) in any other case, use mid-market values without regard to the creditworthiness of the {{isdaprov|Determining Party}}. <br> | ||
Revision as of 08:19, 18 April 2018
- 6(e)(ii) Termination Events. If the Early Termination Date results from a Termination Event:―
- (1) One Affected Party. Subject to clause (3) below, if there is one Affected Party, the Early Termination Amount will be determined in accordance with Section 6(e)(i), except that references to the Defaulting Party and to the Non-defaulting Party will be deemed to be references to the Affected Party and to the Non-affected Party, respectively.
- (2) Two Affected Parties. Subject to clause (3) below, if there are two Affected Parties, each party will determine an amount equal to the Termination Currency Equivalent of the sum of the Close-out Amount or Close-out Amounts (whether positive or negative) for each Terminated Transaction or group of Terminated Transactions, as the case may be, and the Early Termination Amount will be an amount equal to (A) the sum of (I) one-half of the difference between the higher amount so determined (by party “X”) and the lower amount so determined (by party “Y”) and (II) the Termination Currency Equivalent of the Unpaid Amounts owing to X less (B) the Termination Currency Equivalent of the Unpaid Amounts owing to Y. If the Early Termination Amount is a positive number, Y will pay it to X; if it is a negative number, X will pay the absolute value of the Early Termination Amount to Y.
- (3) Mid-Market Events. If that Termination Event is an Illegality or a Force Majeure Event, then the Early Termination Amount will be determined in accordance with clause (1) or (2) above, as appropriate, except that, for the purpose of determining a Close-out Amount or Close-out Amounts, the Determining Party will:―
- (A) if obtaining quotations from one or more third parties (or from any of the Determining Party’s Affiliates), ask each third party or Affiliate (I) not to take account of the current creditworthiness of the Determining Party or any existing Credit Support Document and (II) to provide mid-market quotations; and
- (B) in any other case, use mid-market values without regard to the creditworthiness of the Determining Party.