Part 5 - ISDA Give-Up provision
A termination notice is one that is sent pursuant to Section 4 (Termination) of the 2005 ISDA Give-Up Agreement.
Effectiveness of a termination notice is handled, irritatingly, by Part 5 of the Schedule.
To cut a long story short, that provides as follows:
- Part 5. Termination notice. For the purpose of Section 4 of this Agreement, the termination notice shall be effective:
- [X] one hour after receipt of such termination notice; or
- [ ] as of the Modification Time.
- [X] one hour after receipt of such termination notice; or
- “Modification Time” means [[ ] hour[s] after receipt of such termination notice][as of the opening of business on the Business Day in the recipient’s location following the date of receipt of such termination notice].
See also
Section 4 (Termination) of the ISDA Give-Up Agreement