Termination Currency - ISDA Provision: Difference between revisions

From The Jolly Contrarian
Jump to navigation Jump to search
No edit summary
Replaced content with "{{isdamanual|Termination Currency}}"
Tag: Replaced
Line 1: Line 1:
{{isdaanat|Termination Currency}}
{{isdamanual|Termination Currency}}
Compare and contrast with the {{csaprov|Base Currency}} in the {{tag|CSA}}. Ideally, you’d want them to be the same. Ten points for style if you can think of a reason for having different ones. [[Goldman]] probably could.
 
So what is this all about, then? Well, swap transactions by nature are likely to have different currencies — cross-currency swaps are, anyway — and if (heaven forfend) you should be closing out a whole portfolio of them, then you will have boil everything down, at some point, to a single currency. Some are better than others — a G7 ones are more liquid and less volatile than others, and each counterparty will have a preference for its own home currency — an investment fund, the base currency of the fund.
 
The sort of thing you might expect to see specified in the schedule is this:
:“{{isdaprov|Termination Currency}}” means one of the currencies in which payments are required to be made under a {{isdaprov|Terminated Transaction}} selected by the {{isdaprov|Non-defaulting Party}} or the {{isdaprov|non-Affected Party}}, [[as the case may be]], or where there are two {{isdaprov|Affected Parties}}, as agreed between them or, if not agreed, or if the selected currency so is not freely available, [U.S. Dollars][Euro][Pounds Sterling].
 
The {{1992}} had no fallback {{isdaprov|Termination Currency}} for those parties who forget to agree one in their schedule: an impressive design flaw. {{icds}} corrected this for the {{2002ma}}, which assumes EUR or USD (depending on the governing law you select) if you haven’t agreed something else. This means a 2002 version {{tag|LFC}} does not need to specify a {{isdaprov|Termination Currency}}. Not that you’d ever use a [[long form confirmation]] in this day and age, of course.
 
The {{isdaprov|Termination Currency}} concept can be applied to the termination and close-out of single {{isdaprov|Transaction}}s or groups of {{isdaprov|Transaction}}s, so it does make sense for it to be "a currency in which payments are due to be made under the relevant {{isdaprov|Terminated Transaction}}" - or some such thing.

Revision as of 11:06, 2 October 2023

2002 ISDA Master Agreement

A Jolly Contrarian owner’s manual™

Termination Currency in a Nutshell

The JC’s Nutshell summary of this term has moved uptown to the subscription-only ninja tier. For the cost of ½ a weekly 🍺 you can get it here. Sign up at Substack. You can even ask questions! Ask about it here.

Termination Currency in all its glory

Termination Currency” means (a) if a Termination Currency is specified in the Schedule and that currency is freely available, that currency, and (b) otherwise, euro if this Agreement is expressed to be governed by English law or United States Dollars if this Agreement is expressed to be governed by the laws of the State of New York.

Related agreements and comparisons

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

Resources and Navigation

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:

Overview

edit


Summary

edit


Premium content

Here the free bit runs out. Subscribers click 👉 here. New readers sign up 👉 here and, for ½ a weekly 🍺 go full ninja about all these juicy topics 👇
  • The JC’s famous Nutshell summary of this clause
  • SNAFU in the 1992 ISDA. No fallback!
edit

See also

edit

References