Template:Isda 5(a) summ
So how did these change over the aeons? The broad thrust of the Events of Default is:
- Direct failures under the Master Agreement itself: Direct contraventions of the ISDA Master Agreement itself and its {{{{{1}}}|Transaction}}s by one of the principals to the contract. Within here we have:
- {{{{{1}}}|Failure to Pay}}, which became {{{{{1}}}|Failure to Pay or Deliver}} when the cash-only 1987 ISDA gave way to the broader range of non-cash underlying assets under the 1992 ISDA;
- {{{{{1}}}|Breach of Agreement}}: Breach of any obligation other than a payment or delivery obligation
- {{{{{1}}}|Misrepresentation}}: Breach of any cross-my-heart-and-hope-to-die sort of precontractual representation made undere the contract
- {{{{{1}}}|Credit Support Default}}: Failure to provide collateral under a Credit Support Document. While in ordinary banking world a credit support obligation would generally be provided by someone other than a party to the contract. This is not so on Planet ISDA: (some) CSAs and CSDs are “Credit Support Documents”. So this counts as these are mainly principal obligations of the parties themselves (though of course end users will often be guaranteed).
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Direct failures under other Agreements: Direct contraventions by parties to the ISDA Master Agreement of other contractual obligations that are sufficiently serious to make the Non-Defaulting Party freak under the ISDA Master Agreement. Within this bucket we have:
- {{{{{1}}}|Default under Specified Transaction}}: The {{{{{1}}}|Defaulting Party}} fails directly to the {{{{{1}}}|Non-Defaulting Party}} to perform under a swap-like transaction, only one that is not documented under the ISDA Master Agreement itself, but under a different master trading agreement;
- {{{{{1}}}|Cross Default}}: The {{{{{1}}}|Defaulting Party}} fails directly to the {{{{{1}}}|Non-Defaulting Party}} to perform to someone else altogether under a loan-like Transaction, over a certain {{{{{1}}}|Threshold}};
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Unacceptable credit deterioration: The {{{{{1}}}|Defaulting Party}} or its third-party {{{{{1}}}|Credit Support Provider}}s suffers a dramatic non-transactional reversal of fortunes such that the Non-Defaulting Party has credible doubts it will ever see its net in-the-money positions realised, whether or not they are currently in-the-money. Into this bucket goes:
- {{{{{1}}}|Bankruptcy}}: The Defaulting Party suffers one of the many different ways a merchant can go titten hoch. There are a lot of them, and they are fraught;
- {{{{{1}}}|Merger Without Assumption}}: The {{{{{1}}}|Defaulting Party}} is somehow taken over, reincorporated, reconstituted through a corporate event or otherwise magicked into a spiritual realm in which its earthly debts and obligations are not taken up by whomever the resulting entity is.