Non-affected Party - ISDA Provision: Difference between revisions

From The Jolly Contrarian
Jump to navigation Jump to search
No edit summary
No edit summary
Line 1: Line 1:
{{fullanat2|isda|Non-affected Party|2002|Non-affected Party|1992}}
{{isdaanat|Non-affected Party}}
A clause so joyously well-crafted in 1992, that the ISDA boxwallahs saw no need to change it a decade later, when the opportunity presented itself. They might have grasped it to devise a concept less clumsy than “the {{isdaprov|Non-affected Party}} or the {{isdaprov|Non-defaulting Party}}, as the case may be”, but that’s just me.
A clause so joyously well-crafted in 1992, that the ISDA boxwallahs saw no need to change it a decade later, when the opportunity presented itself. They might have grasped it to devise a concept less clumsy than “the {{isdaprov|Non-affected Party}} or the {{isdaprov|Non-defaulting Party}}, as the case may be”, but that’s just me.



Revision as of 10:51, 18 January 2020

ISDA Anatomy™


In a Nutshell Section Non-affected Party:

Non-affected Party” means the party that isn’t the Affected Party, if there is one.
view template

2002 ISDA full text of Section Non-affected Party:

Non-affected Party” means, so long as there is only one Affected Party, the other party.
view template

Click here for the text of Section Non-affected Party in the 1992 ISDA

Index: Click to expand:Navigation
See ISDA Comparison for a comparison between the 1992 ISDA and the 2002 ISDA.
The Varieties of ISDA Experience
Subject 2002 (wikitext) 1992 (wikitext) 1987 (wikitext)
Preamble Pre Pre Pre
Interpretation 1 1 1
Obligns/Payment 2 2 2
Representations 3 3 3
Agreements 4 4 4
EODs & Term Events 5 Events of Default: FTPDBreachCSDMisrepDUSTCross DefaultBankruptcyMWA Termination Events: IllegalityFMTax EventTEUMCEUMATE 5 Events of Default: FTPDBreachCSDMisrepDUSTCross DefaultBankruptcyMWA Termination Events: IllegalityTax EventTEUMCEUMATE 5 Events of Default: FTPDBreachCSDMisrepDUSSCross DefaultBankruptcyMWA Termination Events: IllegalityTax EventTEUMCEUM
Early Termination 6 Early Termination: ET right on EODET right on TEEffect of DesignationCalculations; Payment DatePayments on ETSet-off 6 Early Termination: ET right on EODET right on TEEffect of DesignationCalculationsPayments on ETSet-off 6 Early Termination: ET right on EODET right on TEEffect of DesignationCalculationsPayments on ET
Transfer 7 7 7
Contractual Currency 8 8 8
Miscellaneous 9 9 9
Offices; Multibranch Parties 10 10 10
Expenses 11 11 11
Notices 12 12 12
Governing Law 13 13 13
Definitions 14 14 14
Schedule Schedule Schedule Schedule
Termination Provisions Part 1 Part 1 Part 1
Tax Representations Part 2 Part 2 Part 2
Documents for Delivery Part 3 Part 3 Part 3
Miscellaneous Part 4 Part 4 Part 4
Other Provisions Part 5 Part 5 Part 5
Tell me more
Sign up for our newsletter — or just get in touch: for ½ a weekly 🍺 you get to consult JC. Ask about it here.


A clause so joyously well-crafted in 1992, that the ISDA boxwallahs saw no need to change it a decade later, when the opportunity presented itself. They might have grasped it to devise a concept less clumsy than “the Non-affected Party or the Non-defaulting Party, as the case may be”, but that’s just me.


See also