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| {{manual|MI|2002|Unpaid Amounts|Section|Unpaid Amounts|medium}} | | {{manual|MI|2002|Unpaid Amounts|Section|Unpaid Amounts|medium}} |
| You may want to know where {{isdaprov|Unpaid Amounts}} feature in the {{isdama}}. The answer: In {{isdaprov|Payments on Early Termination}}: Section {{isdaprov|6(e)(i)}} (for {{isdaprov|Events of Default}}) and {{isdaprov|6(e)(ii)}} (for {{isdaprov|Termination Events}}) and {{isdaprov|6(e)(iv)}} ({{isdaprov|Adjustment for Illegality or Force Majeure Event}}).
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| Spoddy point for old-fashioned {{1992ma}} hipster types: if “{{isdaprov|Loss}}” is your chosen means of close-out valuation, the concept of {{isdaprov|Unpaid Amounts}} is more or less factored into the definition of {{isdaprov|Loss}}:
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| :''{{isdaprov|Loss}} includes losses and costs (or gains) in respect of any payment or delivery required to have been made (assuming satisfaction of each applicable condition precedent) on or before the relevant Early Termination Date and not made, except, so as to avoid duplication, if Section {{isdaprov|6(e)(i)}}(1) or (3) or {{isdaprov|6(e)(ii)}}(2)(A) applies...''<ref>There is a magnificent piece of ISDA discombobulation here: Section {{isdaprov|6(e)(i)}}(1) and (3), and {{isdaprov|6(e)(ii)}}(2)(A), all deal exclusively with agreements where {{isdaprov|Market Quotation}}, and not {{isdaprov|Loss}}, applies. So there is, in fact, ''no'' risk of duplication, since the definition of {{isdaprov|Loss}} is entirely irrelevant to these parts of the agreement.</ref>
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| This is why the drafting of the {{csaprov|Default}} provision (paragraph {{csaprov|6}}) of the {{csa}} is as tortuous as it is. If you were wondering.
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Revision as of 16:58, 17 March 2020
2002 ISDA Master Agreement
A Jolly Contrarian owner’s manual™
Resources and navigation
Section Unpaid Amounts in a Nutshell™
Use at your own risk, campers!
Full text of Section Unpaid Amounts
“ Unpaid Amounts” owing to any party means, with respect to an Early Termination Date, the aggregate of
- (a) in respect of all Terminated Transactions, the amounts that became payable (or that would have become payable but for Section 2(a)(iii) or due but for Section 5(d)) to such party under Section 2(a)(i) or 2(d)(i)(4) on or prior to such Early Termination Date and which remain unpaid as at such Early Termination Date,
- (b) in respect of each Terminated Transaction, for each obligation under Section 2(a)(i) which was (or would have been but for Section 2(a)(iii) or 5(d)) required to be settled by delivery to such party on or prior to such Early Termination Date and which has not been so settled as at such Early Termination Date, an amount equal to the fair market value of that which was (or would have been) required to be delivered and
- (c) if the Early Termination Date results from an Event of Default, a Credit Event Upon Merger or an Additional Termination Event in respect of which all outstanding Transactions are Affected Transactions, any Early Termination Amount due prior to such Early Termination Date and which remains unpaid as of such Early Termination Date,
in each case together with any amount of interest accrued or other compensation in respect of that obligation or deferred obligation, as the case may be, pursuant to Section 9(h)(ii)(l) or (2), as appropriate.
The fair market value of any obligation referred to in clause (b) above will be determined as of the originally scheduled date for delivery, in good faith and using commercially reasonable procedures, by the party obliged to make the determination under Section 6(e) or, if each party is so obliged, it will be the average of the Termination Currency Equivalents of the fair market values so determined by both parties.
The line breaks are for comprehension and do not appear in the original
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Related agreements and comparisons
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Content and comparisons
Summary
If you think of an ISDA Transaction as comprising offsetting payment streams, these payments fall into one of three ontological categories:
- Been and gone: Those that are already paid: settled, gone, checked into the hereafter; on permanent location in that foreign country we call the past — we care less about these; they are but a fossil record: they pose no risk, attract no capital and excite no prospects of revenue or compensation.
- Yet to come: Due to be paid, or delivered, at a specified date in the future. Perhaps fixed; perhaps yet to be determined, but conceptually still out there. It is, conventionally, by off setting the provisional present value of these future cashflows, that we value “the Transaction” — this is what we call its “replacement cost”.
- The twilight zone: That weird inter-regnum of payments whose due date has passed, and which should have have been paid, and thus emigrated permanently to that foreign country but, for whatever reason — inattention, inability, defiance, or the affordances of Section 2(a)(iii) — they have not yet been made, so they need to be worried about, accounted for and factored into things, over and above the “replacement” value of the trade.
General discussion
Template:M gen 2002 ISDA Unpaid Amounts
See also
Also relevant to the definition of Exposure in the various iterations of the ISDA credit support annex.
References