ISDA Anatomy™
In a Nutshell™ Section Affected Transactions:
“Affected Transactions” means:
- (a) for an Illegality, Force Majeure Event, Tax Event or TEUM, all Transactions affected by the Termination Event (and if it is an Illegality or Force Majeure Event that affects Credit Support Document covering only some Transactions, those Transactions) and
- (b) for any other Termination Event, all Transactions.
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2002 ISDA full text of Section Affected Transactions:
“Affected Transactions” means (a) with respect to any Termination Event consisting of an Illegality, Force Majeure Event, Tax Event or Tax Event Upon Merger, all Transactions affected by the occurrence of such Termination Event (which, in the case of an Illegality under Section 5(b)(i)(2) or a Force Majeure Event under Section 5(b)(ii)(2), means all Transactions unless the relevant Credit Support Document references only certain Transactions, in which case those Transactions and, if the relevant Credit Support Document constitutes a Confirmation for a Transaction, that Transaction) and (b) with respect to any other Termination Event, all Transactions.
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Click here for the text of Section Affected Transactions in the 1992 ISDA
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A definition of the Jolly Contrarian’s own devising (imaginative, isn’t it) to avoid having to say “a Transaction which is not an Affected Transaction" should the yen to say such a thing arise in your daily work.
It features in our nutshell ISDA, but you won’t find it in the actual ISDA Master Agreement so, whatever you do, don’t bet the house on it in a joker-round of your PTA’s trivia quiz fundraiser.