ISDA Anatomy™
In a Nutshell™ Section Non-Reliance:
- (1) Non-Reliance:
- (a) It is acting for its own account, and has made its own independent decisions to enter into the Transaction having determined it is appropriate and proper having obtained such professional advice as it has considered necessary.
- (b) It is not relying on the other party for any investment advice or recommendation to enter into the Transaction, and it acknowledges that information about and explanations of the terms and conditions of a Transaction will not be considered as such.
- (c) Neither party gives any assurance or guarantee as to the expected results of the Transaction.
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2002 ISDA full text of Section Non-Reliance:
- (1) Non-Reliance. It is acting for its own account, and it has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any communication (written or oral) of the other party as investment advice or as a recommendation to enter into that Transaction, it being understood that information and explanations related to the terms and conditions of a Transaction will not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party will be deemed to be an assurance or guarantee as to the expected results of that Transaction.
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Click here for the text of Section Non-Reliance in the 1992 ISDA
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Along with Assessment and Understanding and Status of Parties, Non-Reliance is a pre-printed Additional Representation in the standard Schedule to the ISDA Master Agreement.