Applicable Close-out Rate - ISDA Provision
2002 ISDA Master Agreement A Jolly Contrarian owner’s manual™ Applicable Close-out Rate in all its glory
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Overview
This clause being new to the 2002 ISDA, there is no equivalent in the 1992 ISDA.
Summary
Truly from the I’m sorry I asked file — almost in the shoot me file. This whole game of pan-dimensional chess, with six different Applicable Close-out Rates to apply in different circumstances, is all just to work out how to accrue interest on Unpaid Amounts and Early Termination Amounts during the close-out process. Considering that the said payer of this Applicable Close-out Rate is, Q.E.D., a dead duck at the time, and is unlikely to be able to pay much of anything, let alone elevated penalty interest, it really should not have been this hard.
You get a strong sense that the pragmatists of ISDA’s crack drafting squad™ — if there are any — had well and truly tuned out and gone to the bar by the ’squad got to this definition. Looking on the bright side, at least it doesn’t mention LIBOR.[1]
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- The JC’s famous Nutshell™ summary of this clause
- an easier way of thinking about this
- A bit more detail on what all the rates are and what the thinking behind them was.