Security Interest - NY VM CSA Provision

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2016 ISDA Credit Support Annex (VM) (New York law)
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Clause 2 in a Nutshell

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Full text of Clause 2

Paragraph 2 Security Interest
Each party, as the Pledgor, hereby pledges to the other party, as the Secured Party, as security for its Obligations, and grants to the Secured Party a first priority continuing security interest in, lien on and right of Set-off against all Posted Collateral (VM) Transferred to or received by the Secured Party hereunder. Upon the Transfer by the Secured Party to the Pledgor of Posted Collateral (VM), the security interest and lien granted hereunder on that Posted Collateral (VM) will be released immediately and, to the extent possible, without any further action by either party.

Related agreements and comparisons

Related Agreements
Click here for the text of Section 2 in the 1994 New York law CSA
Click here for the text of Section 2 in the 1995 English Law CSA
Click here for the text of Section 2 in the 2016 English Law VM CSA
Comparisons
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1995 CSA and 2016 VM CSA: click for comparison

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Content and comparisons

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Summary

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General discussion

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See also

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References

2016 ISDA Credit Support Annex (VM) (New York law)

A Jolly Contrarian owner’s manual™

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NY VM
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Security Interest in a Nutshell

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Original text

Paragraph 2 Security Interest
Each party, as the Pledgor, hereby pledges to the other party, as the Secured Party, as security for its Obligations, and grants to the Secured Party a first priority continuing security interest in, lien on and right of Set-off against all Posted Collateral (VM) Transferred to or received by the Secured Party hereunder. Upon the Transfer by the Secured Party to the Pledgor of Posted Collateral (VM), the security interest and lien granted hereunder on that Posted Collateral (VM) will be released immediately and, to the extent possible, without any further action by either party.

The varieties of ISDA CSA
Subject 1994 NY 1995 Eng 2016 VM NY 2016 VM Eng 2018 IM Eng
Preamble Pre Pre Pre Pre Pre
Interpretation 1 1 1 1 1
Security Interest 2 - 2 - 2
Credit Support Obligations 3 2 3 2 3
Transfers, Calculations and Exchanges - 3 - 3 -
Conditions Precedent, Transfer Timing, Calculations and Substitutions 4 - 4 - 4
Dispute Resolution 5 4 5 4 5
Holding and Using Posted Collateral 6 - 6 - 6
Transfer of Title, No Security Interest - 5 - 5 -
Events of Default 7 6 7 6 7
Rights and Remedies 8 - 8 - 8
Representations 9 7 9 7 9
Expenses 10 8 10 8 10
Miscellaneous 11 9 11 9 11
Definitions 12 10 12 10 12
Elections and Variables 13 11 13 11 13

Resources and Navigation

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Comparisons

But for the addition of those pointless (VM)s everywhere, Section 2 of the 1994 NY CSA is identical to Section 2 of the 2016 NY VM CSA. The 2018 IM CSD has a bit more heft to it with all kinds of additional covenants, restrictions and so on.

Basics

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See also

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References