Template:Isda 1(b) summ: Difference between revisions
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It wouldn’t be ISDA if there weren’t a [[hierarchy]] clause; like all [[hierarchy]] clauses, | It wouldn’t be ISDA if there weren’t a [[hierarchy]] clause; like all [[hierarchy]] clauses, this one states what ought to be obvious: the pre-printed {{isdama}} itself sits at the ''bottom'' of the hierarchy, is modified by the {{{{{1}}}|Schedule}}; once that is negotiated and stuck into the netting database, the {{{{{1}}}|Schedule}} sits there, ungainly, unloved and unregarded until [[apocalypse|the Great King of Terror comes down from the sky]]<ref>© Nostradamus</ref> and may be (but generally isn’t) modified as needs be for each {{{{{1}}}|Transaction}} by the {{ {{{1}}}|Confirmation}}. | ||
One quick point that only needs saying when busy-bodies from internal audit come looking for worms and earwigs under rocks: you never, never, ''never'' inline amend the {{isdama}}. If you want to amend its terms — | |||
In point of fact the {{ {{{1}}}|Confirmation}}s don’t tend to ''modify'' anything in the Master or {{ {{{1}}}|Schedule}}, but rather builds on them, but if there is inconsistency — and with a document as pedantic and overwrought as the {{isdama}} you never know — then the most specific, recently edited document will be the one that prevails. | In point of fact the {{ {{{1}}}|Confirmation}}s don’t tend to ''modify'' anything in the Master or {{ {{{1}}}|Schedule}}, but rather builds on them, but if there is inconsistency — and with a document as pedantic and overwrought as the {{isdama}} you never know — then the most specific, recently edited document will be the one that prevails. | ||
All of this follows from general principles of contractual interpretation and common sense communication, of course. | All of this follows from general principles of contractual interpretation and common sense communication, of course. | ||
Revision as of 20:03, 9 March 2024
It wouldn’t be ISDA if there weren’t a hierarchy clause; like all hierarchy clauses, this one states what ought to be obvious: the pre-printed ISDA Master Agreement itself sits at the bottom of the hierarchy, is modified by the {{{{{1}}}|Schedule}}; once that is negotiated and stuck into the netting database, the {{{{{1}}}|Schedule}} sits there, ungainly, unloved and unregarded until the Great King of Terror comes down from the sky[1] and may be (but generally isn’t) modified as needs be for each {{{{{1}}}|Transaction}} by the {{ {{{1}}}|Confirmation}}.
One quick point that only needs saying when busy-bodies from internal audit come looking for worms and earwigs under rocks: you never, never, never inline amend the ISDA Master Agreement. If you want to amend its terms —
In point of fact the {{ {{{1}}}|Confirmation}}s don’t tend to modify anything in the Master or {{ {{{1}}}|Schedule}}, but rather builds on them, but if there is inconsistency — and with a document as pedantic and overwrought as the ISDA Master Agreement you never know — then the most specific, recently edited document will be the one that prevails.
All of this follows from general principles of contractual interpretation and common sense communication, of course.
- ↑ © Nostradamus