Template:Nutshell 2002 ISDA 6(b)(iv)

6(b)(iv) Right to Terminate.

(1) If:―

(A) a neither party has managed to avoid a Tax Event or Tax Event Upon Merger as contemplated in Section 6(b)(ii) or 6(b)(iii) within 30 days after a Notice of Termination Event; or

(B) there is a Credit Event Upon Merger, an Additional Termination Event, or a Tax Event Upon Merger where the Burdened Party is not the Affected Party,

if the Termination Event still exists the Burdened Party (if a Tax Event Upon Merger), either party (if both are Affected Parties) or the Unaffected Party in any other case may, by not more than 20 days notice, designate an Early Termination Date not earlier than the effective date of its notice, for all Affected Transactions.

(2) If an Illegality or Force Majeure Event still exists when its Waiting Period has expired:―

(A) Subject to clause (B) below, either party may, on not more than 20 days’ notice, designate an Early Termination Date:

(I) for all Affected Transactions, no earlier than the effective date of its notice,or

(II) for fewer than all Affected Transactions by specifying which Affected Transactions it wishes to terminate, effective no earlier than two Local Business Days following the effective day of its notice, as an Early Termination Date for those designated Affected Transactions only. In this case the other party may, by notice, terminate any of the outstanding Affected Transactions as of the same Early Termination Date.

(B) Where the Illegality or Force Majeure Event relates to performance under a Credit Support Document, an Affected Party may only designate an Early Termination Date following designation by the other party of an Early Termination Date, for fewer than all Affected Transactions under this Section.