Events of Default (Early Termination Payments) - ISDA Provision: Difference between revisions
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{{isdaanat|6(e)(i)}} | {{isdaanat|6(e)(i)}} | ||
The effect of this is that in closing out an ISDA, the first step is to terminate all {{isdaprov|transaction}}s, then figure out any {{isdaprov|Unpaid Amount}}s that were due but had not been paid at the time the {{isdaprov|Transaction}} terminated. The close out happens | The effect of this is that in closing out an ISDA, the first step is to terminate all {{isdaprov|transaction}}s to arrive at a {{isdaprov|Close-out Amount}} for each one, then figure out if there were any {{isdaprov|Unpaid Amount}}s that were due under {{isdaprov|Transaction}}s but had not been paid at the time the {{isdaprov|Transaction}}s terminated. The close out happens under Section {{isdaprov|6(e)}} of the {{isdama}} itself and the recourse is to a net sum. Netting does ''not'' happen under the {{isdaprov|Transactions}} — on the theory of the game there are no outstanding Transactions at the point of netting; just payables. | ||
Therefore, if your [[credit support]] (particularly [[guarantee]]s or [[LC|letters of credit]]) explicitly reference amounts due under specific {{isdaprov|Transaction}}s, you may lose any credit support at precisely the point you need it. | Therefore, if your [[credit support]] (particularly [[guarantee]]s or [[LC|letters of credit]]) explicitly reference amounts due under specific {{isdaprov|Transaction}}s, you may lose any credit support at precisely the point you need it. |
Revision as of 15:08, 15 October 2018
The effect of this is that in closing out an ISDA, the first step is to terminate all transactions to arrive at a Close-out Amount for each one, then figure out if there were any Unpaid Amounts that were due under Transactions but had not been paid at the time the Transactions terminated. The close out happens under Section 6(e) of the ISDA Master Agreement itself and the recourse is to a net sum. Netting does not happen under the Transactions — on the theory of the game there are no outstanding Transactions at the point of netting; just payables.
Therefore, if your credit support (particularly guarantees or letters of credit) explicitly reference amounts due under specific Transactions, you may lose any credit support at precisely the point you need it.
Which would be a bummer.
Further commentary on the Guarantee page.