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Isda 5(a) premium
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Bankruptcy and Failure to Pay
Cashflow insolvency
Beware AET
Non-Bankruptcy close-out monkey business
Differences between a CDS Failure to Pay and an ISDA Section 5(a)(i) Failure to Pay or Deliver
Payments satisfied other ways
Failure to Pay or Deliver carve-out
It is an Event of Default not to supply documents for delivery
Paranoia alert
: the unusually, and unwantedly, long reach this Event of Default gives to your Cross Default provision.
How material is “material”?
Representations by agents on agent’s own behalf
: the curious Mœbius loop of agency representing, on behalf of its principal, that it is not acting as agent.
Things you could ask an agent to represent
Due appointment, authority etc.
Loss of manager’s regulatory status, good standing etc
Acceleration, not default
Default under any Specified Transaction, and the question of overreach
Final payments
Differences between Cross Default and DUST
Payment acceleration versus delivery acceleration — mini close-out
What if I “jump the gun”?
DUST as the quintessential negotiation oubliette
The arguments for Cross Default
Cross Default against banks
The famous snowball effect
Comparison with DUST
Cross Acceleration: Cross Default for nice guys
Changes to the Threshold Amount over the years
Initial margin failure?
Could we just remove Cross Default?
Mind your Automatic Early Termination
If you are in a hurry
In full
And “all or substantially all” means what exactly?
Bankruptcy vs MWA
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