Confirmation - ISDA Provision: Difference between revisions

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{{isdaanat|preamble}}
{{manual|MI|2002|preamble|Section|preamble|medium}}
Is the {{isdaprov|confirmation}} the binding legal agreement, or is it the oral communication between the traders? Before you answer, consider the {{isdaprov|Entire Agreement}} clause, and its traditionally understood impact on [[parol evidence]].
Is the {{isdaprov|confirmation}} the binding legal agreement, or is it the oral communication between the traders? Before you answer, consider the {{isdaprov|Entire Agreement}} clause, and its traditionally understood impact on [[parol evidence]].

Revision as of 13:46, 16 March 2020

2002 ISDA Master Agreement
A Jolly Contrarian owner’s manual™

Resources and navigation

[[{{{1}}} - 1992 ISDA Provision|This provision in the 1992]]

Resources Wikitext | Nutshell wikitext | 1992 ISDA wikitext | 2002 vs 1992 Showdown | 2006 ISDA Definitions | 2008 ISDA | JC’s ISDA code project
Navigation Preamble | 1(a) (b) (c) | 2(a) (b) (c) (d) | 3(a) (b) (c) (d) (e) (f) (g) | 4(a) (b) (c) (d) (e) | 55(a) Events of Default: 5(a)(i) Failure to Pay or Deliver 5(a)(ii) Breach of Agreement 5(a)(iii) Credit Support Default 5(a)(iv) Misrepresentation 5(a)(v) Default Under Specified Transaction 5(a)(vi) Cross Default 5(a)(vii) Bankruptcy 5(a)(viii) Merger Without Assumption 5(b) Termination Events: 5(b)(i) Illegality 5(b)(ii) Force Majeure Event 5(b)(iii) Tax Event 5(b)(iv) Tax Event Upon Merger 5(b)(v) Credit Event Upon Merger 5(b)(vi) Additional Termination Event (c) (d) (e) | 6(a) (b) (c) (d) (e) (f) | 7 | 8(a) (b) (c) (d) | 9(a) (b) (c) (d) (e) (f) (g) (h) | 10 | 11 | 12(a) (b) | 13(a) (b) (c) (d) | 14 |

Index: Click to expand:

Section preamble in a Nutshell

Use at your own risk, campers!
2002 ISDA Master Agreement

between

[SPECIFY] and [SPECIFY]

will enter into “Transactions” governed by this Agreement, the Schedule, and a Confirmation. This Agreement and the Schedule together comprise the “Master Agreement”.

The parties agree as follows:―

Full text of Section preamble


ISDA ®
International Swaps and Derivatives Association, Inc.

2002 Master Agreement

dated as of

......................................


......................................
and
......................................
(“Party A”)
(“Party B”)

have entered and/or anticipate entering into one or more transactions (each a “Transaction”) that are or will be governed by this 2002 Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties or otherwise effective for the purpose of confirming or evidencing those Transactions. This 2002 Master Agreement and the Schedule are together referred to as this “Master Agreement”.

Accordingly, the parties agree as follows:―

Related agreements and comparisons

Click here for the text of Section preamble in the 1992 ISDA
Template:Isdadiff preamble

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Content and comparisons

The preamble is functionally the same in the 1992 and the 2002 version.

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Summary

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General discussion

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See also

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References

Is the confirmation the binding legal agreement, or is it the oral communication between the traders? Before you answer, consider the Entire Agreement clause, and its traditionally understood impact on parol evidence.