Template:Nutshell ISDA Give-Up 5(a)
5(a) Delivery and Effectiveness of Communication. All communications except Trade Notices and termination notices can[1] be delivered by:
- (i) mail (return receipt requested), courier or in person (provided that an acknowledgement of delivery is obtained) and deemed effective on the date delivered or delivery is attempted;
- (ii) fax [yes! fax!] and deemed effective on the date legibly received by an employee of the recipient (ie the sender’s transmission report won’t count)
- (iii) electronic messaging system or email[2] and deemed effective on the date received.
A notice details are those specified in Part 6 of the Schedule. The parties may reasonably rely on communications they believe are genuine.
- ↑ Or must --- see Greenclose
- ↑ Don’t get me started on what the difference between these is but if you’re fiendishly interested go see Greenclose — it will surprise you.