ISDA Anatomy™
2002 ISDA
6(c) Effect of Designation.
- (i) If notice designating an Early Termination Date is given under Section 6(a) or 6(b), the Early Termination Date will occur on the date so designated, whether or not the relevant Event of Default or Termination Event is then continuing. (ii) Upon the occurrence or effective designation of an Early Termination Date, no further payments or deliveries under Section 2(a)(i) or 9(h)(i) in respect of the Terminated Transactions will be required to be made, but without prejudice to the other provisions of this Agreement. The amount, if any, payable in respect of an Early Termination Date will be determined pursuant to Sections 6(e) and 9(h)(ii).
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1992 ISDA
6(c) Effect of Designation.
- 6(c)(i) If notice designating an Early Termination Date is given under Section 6(a) or 6(b), the Early Termination Date will occur on the date so designated, whether or not the relevant Event of Default or Termination Event is then continuing.
- 6(c)(ii) Upon the occurrence or effective designation of an Early Termination Date, no further payments or deliveries under Section 2(a)(i) or 2(e) in respect of the Terminated Transactions will be required to be made, but without prejudice to the other provisions of this Agreement. The amount, if any, payable in respect of an Early Termination Date shall be determined pursuant to Section 6(e).
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the framers of the 2002 ISDA daringly changed a shall to a will in the final line. Otherwise, identical:
6(c) in a Nutshell™ (2002 ISDA edition)
6(c) Effect of Designation: If an Early Termination Date is designated:
- (i) it will take place when designated, even if the event which triggered no longer exists.
- (ii) no more payments or deliveries will be required under any Terminated Transactions.
Any Close-out Amount will be determined under Section 6(e).
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Once you have arrived at the Early Termination Date, proceed directly to Section 6(e) to determine the Close-out Amount<ref>Or tiresomely undefined amount payable under the 1992 ISDA.
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References