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Combined display of all available logs of The Jolly Contrarian. You can narrow down the view by selecting a log type, the username (case-sensitive), or the affected page (also case-sensitive).
- 16:01, 26 December 2023 Amwelladmin talk contribs moved page Template:Section 3(d) capsule to Template:Isda 3(d) summ
- 16:01, 26 December 2023 Amwelladmin talk contribs created page Template:Isda 5(a)(iv) summ (Created page with "The purist’s objection is that, since a representation is a ''pre''-contractual statement which induced the wronged party to enter the contract and (''ergo'') was not, and could not be, itself, a contractual term at all — its bolt was shot, so to speak, before “minds met” — and, as such, one’s remedy for misrepresentation ought to be to set aside the contract altogether (''ab initio'', as Latin lovers — well, my one, at...")
- 15:48, 26 December 2023 Amwelladmin talk contribs created page Template:Isda 5(a)(iii) summ (Created page with "Before you even put your hand up: no, a Credit Support Annex between the two counterparties is ''not'' a “{{{{{1}}}|Credit Support Document}}”, at least under the English law construct: there it is a “{{{{{1}}}|Transaction}}” under the {{isdama}} that offsets the net mark-to-market value of all the other Transactions, so can’t be a {{{{{1}}}|Credit Support Document}} ''per se''. It is different with a {{1994csa}} — being a pledge document it is a {{{{{1}}...")
- 15:28, 26 December 2023 Amwelladmin talk contribs created page Template:Isda 5(a)(i) premium (Created page with "*A comparison between the ISDA’s “Failure to Pay or Deliver” and the “Failure to Pay” Credit Event under the Credit Derivatives Definitions. *A “trick for young players” from the world of equity prime brokerage: why you might think twice about allowing customers to meet margin calls by liquidating other provisions")
- 15:26, 26 December 2023 Amwelladmin talk contribs created page Template:M premium 1992 ISDA 5(a)(i) (Created page with "{{isda 5(a)(i) premium|isda92prov}}")
- 14:28, 26 December 2023 Amwelladmin talk contribs created page Hierarchy of Events - 1992 ISDA Provision (Redirected page to Event of Default and Illegality - 1992 ISDA Provision) Tag: New redirect
- 14:24, 26 December 2023 Amwelladmin talk contribs created page Template:Isda 5(a)(ii) summ (Created page with "A failure to perform any agreement, if not cured within 30 days, is an {{{{{1}}}|Event of Default}}, except for those failures which ''already'' have their own special {{{{{1}}}|Event of Default}} (i.e., {{{{{1}}}|Failure to Pay or Deliver}}, under Section {{{{{1}}}|5(a)(i)}}), those that relate to a pre-existing default (for example, default interest on unpaid amounts) and those that only bear on the “defaulting” party’s tax position, meaning that non-performance...")
- 13:55, 26 December 2023 Amwelladmin talk contribs created page Template:Summ subpart (Created page with "{{subst:Summ part}}")
- 13:55, 26 December 2023 Amwelladmin talk contribs created page Template:Isda 5(a) summ (Created page with "{{summ subpart|{{{1}}}|5(a)(i)}}")
- 13:53, 26 December 2023 Amwelladmin talk contribs created page Template:M summ 1992 ISDA 5 (Created page with "{{isda 5 summ|isda92prov}}")
- 16:30, 25 December 2023 Amwelladmin talk contribs created page Template:Isda 5(b)(vi) comp (Created page with "Other than the numbering discrepancy and a daring change of a “shall” to a “will”, Section {{isdaprov|5(b)(vi)}} of the {{2002ma}} is the same as Section {{isda92prov|5(b)(v)}} of the {{1992ma}}. That said, ATEs are likely to be the most haggled-over part of your {{isdama}}.")
- 16:28, 25 December 2023 Amwelladmin talk contribs created page Template:Comp subpart isdaprov (Created page with "{{Comp subpart|isdaprov|{{{1}}}}}")
- 16:22, 25 December 2023 Amwelladmin talk contribs created page Template:Comp subpart isda92prov (Created page with "{{comp subpart|isda92prov|{{{1}}}}}")
- 16:18, 25 December 2023 Amwelladmin talk contribs created page Template:Comp subpart (Created page with "{{subst:comp part}}") Tag: Visual edit: Switched
- 16:04, 25 December 2023 Amwelladmin talk contribs created page Template:Summ part (Created page with "====Section {{{1}}}==== {{isda {{{1}}} summ|{{{2}}}}}")
- 11:36, 25 December 2023 Amwelladmin talk contribs created page Template:Isda 5(d) comp (Created page with "There is no equivalent provision to Section {{isdaprov|5(d)}} in the {{1992ma}}, seeing as it does not contain a {{isda92prov|Force Majeure Event}} at all, and its conception of {{isda92prov|Illegality}} is far less — how shall we say? — ''sophisticated'' than the one in the {{2002ma}}.")
- 11:29, 25 December 2023 Amwelladmin talk contribs moved page Template:Isda Credit Event Upon Merger comp to Template:Isda 5(b)(v) comp
- 11:28, 25 December 2023 Amwelladmin talk contribs moved page Template:Isda Tax Event Upon Merger comp to Template:Isda 5(b)(iv) comp
- 11:27, 25 December 2023 Amwelladmin talk contribs moved page Template:Isda Tax Event comp to Template:Isda 5(b)(iii) comp
- 16:43, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 5(b)(ii) comp (Created page with "There is no Force Majeure in the {{1992ma}}, though parties would habitually negotiate one in, and by the time the 2002ma}} was published it was in fairly standardised. For those who didn’t negotiate it in there was also the ISDA Illegality/Force Majeure Protocol (see [http://www.isda.org/2012illegalityprot/docs/ISDA_Protocol_-_Adoption_of_2002_Illegality_FM_provisions_Final.pdf here]) which they could sign — upon payment of the suitable fee is ISDA — to adopt/...")
- 16:39, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 5(b) comp (Created page with "====Renumbering occasioned by the new {{isdaprov|Force Majeure Event}}==== Since the {{2002ma}} includes a {{isdaprov|Force Majeure Event}}, using language that was already agreed and widely inserted into the {{1992ma}} Schedule before its publication. Because this was entered as Section {{isdaprov|5(b)(ii)}} — I mean, honestly, could they have not made it Section 5(b)(vi)? — this necessitates some numbering differences between the two versions of the {{isdama}} —...")
- 16:31, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 5(b)(i) comp (Created page with "Quite a lot of ''formal'' change to the definition of Illegality; not clear how much of it makes all that much practical difference. The {{2002ma}} requires you to give effect to remedies or fallbacks in the Confirmation that might take you out of Illegality before evoking this provision — which ought to go without saying — the relevant Confirmation or elsewhere in this Agreement. It also carves out Illegalities caused by the action of either Party, which also seem...")
- 16:16, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 5(a)(viii) comp (Created page with "{{icds}} giveth and {{icds}} taketh away. As it neatly excises one square of flannel here, it inserts another one, further itemising ways in which a company might reorganise itself, there. In practical terms — ones that might make a difference were they to be considered by the King’s Bench Division, that is — no real change between {{1992ma}} and {{2002ma}}.")
- 15:56, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 5(a)(vii) comp (Created page with "There are two differences between the {{1992ma}} and {{2002ma}} definitions of Bankruptcy. First, the {{2002ma}} has a slightly more specific concept of “insolvency”. In limb 4 (''insolvency proceedings'') a new limb has been included to cover action taken by an entity-specific regulator or supervisor (as opposed to a common or garden insolvency proceeding): If initiated by a regulator, the game’s up as soon as the action is taken. If initiated by a random credit...")
- 15:42, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 5(a)(vii) summ (Created page with "=====The market standard “bankruptcy” definition ===== The ISDA {{{{{1}}}|bankruptcy}} definition is rarely a source of great controversy (except for the grace period, which gets negotiated only through custom amongst ISDA negotiators because, in its wisdom, {{icds}} thought fit to halve it from 30 days to 15 in the {{2002ma}}. So you have a sort of ''pas-de-deux'' between negotiators where they argue about it for a while before getting t...")
- 15:36, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 5(a)(vi) comp (Created page with "The {{2002ma}} updates the {{1992ma}}’s {{isda92prov|Cross Default}} so that if the combined amount outstanding under the two limbs of {{{{{1}}}|Cross Default}} exceed the {{{{{1}}}|Threshold Amount}}, then it will be an {{{{{1}}}|Event of Default}}. Normally, under the {{1992ma}}, {{{{{1}}}|Cross Default}} requires one ''or'' the other limbs to be satisfied — you can’t add them together. This was a bit of a snafu. The two limbs are: #a default under a financial...")
- 15:33, 24 December 2023 Amwelladmin talk contribs moved page Template:Isda 5(a)(v) comm to Template:Isda 5(a)(v) comp
- 15:31, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 5(a)(iv) comp (Created page with "No change between {{1992ma}} and {{2002ma}}.")
- 15:28, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 5(a)(iii) comp (Created page with "A bit of pedantic flannel found its way into the {{2002ma}} — it captures not just the failure of the {{isdaprov|Credit Support Document}} itself, but any security interest granted under it, catering to the legal eagle’s most paranoid fears that a contractual right can have some sort of distinct ontological existence independently from the agreement which gives it breath and enforceable currency in the first place. But otherwise the same.")
- 15:23, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 5(a)(ii) comp (Created page with "Note the addition of {{{{{1}}}|Repudiation of Agreement}} to the {{2002ma}}. Common law purists like the JC will grumble that you don’t really ''need'' to set out repudiation as a breach justifying termination of a contract, because ''that’s what it is by definition'' but stating the bleeding obvious has never stopped {{icds}} before. Also, an interesting question: if you ''do'' feel the need to provide for what is in essence an evolvi...")
- 15:18, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 5(a) comp (Created page with "'''5(a)(i)''': {{isda 5(a)(i) comp|{{{1}}}}} <br> '''5(a)(ii)''': {{isda 5(a)(ii) comp|{{{1}}}}} <br> '''5(a)(iii)''': {{isda 5(a)(iii) comp|{{{1}}}}} <br> '''5(a)(iv)''': {{isda 5(a)(iv) comp|{{{1}}}}} <br> '''5(a)(v)''': {{isda 5(a)(v) comp|{{{1}}}}} <br> '''5(a)(vi)''': {{isda 5(a)(vi) comp|{{{1}}}}} <br> '''5(a)(vii)''': {{isda 5(a)(vii) comp|{{{1}}}}} <br> '''5(a)(viii)''': {{isda 5(a)(viii) comp|{{{1}}}}} <br>")
- 15:15, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 5(a)(i) comp (Created page with "The significant change between {{1992ma}} and {{2002ma}} is the restriction of that grace period from ''three'' {{{{{1}}}|Local Business Day}}s to ''one''. And a bit of convolutional frippery in introducing {{{{{1}}}|Local Delivery Day}}s as well. Compare also {{cddprov| Failure to Pay}} under the {{cddefs}}, which is subtly different given the different purpose that it plays under a CDS.")
- 15:11, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 5 comp (Created page with "These are the events that entitle you to close out some or all of your {{isdaprov|Transaction}}s; to find out what hideous rigmarole you must go through when you have decided to do that, proceed directly to Section {{isdaprov|6}}. =====Section 5(a)===== {{Isda 5(a) comp|isdaprov}} =====Section 5(b)===== {{Isda 5(b) comp|isdaprov}} =====Section 5(c)===== {{Isda 5(c) comp|isdaprov}} =====Section 5(d)===== {{Isda 5(d) comp|isdaprov}}")
- 12:38, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 4(a) summ (Created page with "{{specified information capsule|isdaprov}}")
- 12:38, 24 December 2023 Amwelladmin talk contribs deleted page Isda 4(a) summ (content was: "{{specified information capsule|isdaprov}}", and the only contributor was "Amwelladmin" (talk))
- 12:34, 24 December 2023 Amwelladmin talk contribs created page Isda 4(a) summ (Created page with "{{specified information capsule|isdaprov}}")
- 12:04, 24 December 2023 Amwelladmin talk contribs deleted page Deemed repetition (content was: "{{Deemed repetition}} {{sa}} *Representations and warranties *Deemed", and the only contributor was "Amwelladmin" (talk))
- 12:00, 24 December 2023 Amwelladmin talk contribs deleted page Template:Materiality of misrepresentation (content before blanking was: "===How material is “material”?=== What is a “material” respect? This is key, since some of the general representations ({{isdaprov|Consents}}, for example) are quite wide, and in this world of regulatory perma-change, the risk that one is, for example, outside technical compliance with a new regulation as it is implemented, notwithstanding a competent regulator’s informal indication that no action will be taken if you get your skates on and rem...")
- 11:52, 24 December 2023 Amwelladmin talk contribs created page Template:M summ 1992 ISDA 3 (Created page with "{{isda 3 summ|isda92prov}}")
- 11:49, 24 December 2023 Amwelladmin talk contribs deleted page Template:Additional Representations as Termination Events (content was: "=====Additional Representations as Additional Termination Events===== In the case of {{{{{1}}}|Additional Representation}}s this can be somewhat drastic, especially if your {{{{{1}}}|Additional Representation}} is {{{{{1}}}|Transaction}}-specific (for example India, China and Taiwan investor status reps for equity derivatives), and it would seem churlish to clo...", and the only contributor was "Amwelladmin" (talk))
- 11:49, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 3 summ (Created page with "If you want any special extra {{isdaprov|Representations}} over and above the boring ones in Section {{isdaprov|3}}, stick them in {{isdaprov|Part 5}} of the {{isdaprov|Schedule}}, or maybe a master confirmation, be sure to label them “{{isdaprov|Additional Representation}}s” and, if the fancy catches you, have the representor deem them repeated on the commencement of any new {{isdaprov|Transaction}}, the anniversary of the {{isdama}} or whenever, in a moment...")
- 11:22, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 3 comp (Created page with "There is no “{{isdaprov|No Agency}}” representation in the {{1992ma}}. Part of the ritual of negotiating a 92 ISDA was — in America, we imagine, ''is'' — to put one in, so when those kill-joys on {{icds}} shunted one into the {{2002ma}} it will have ruined a few people’s days — so much so that, in some quarters, they still use the {{1992ma}} as a standard. Americans, for example. A JC digression, if I may. The {{2002ma}} was published now over two decades ag...")
- 10:51, 24 December 2023 Amwelladmin talk contribs created page Template:Isda Indemnifiable Tax summ (Created page with "===Negatives, negatives, everywhere === Without wishing to be overly negative<ref>All right, I ''do'' wish to be overly negative. It’s in my nature.</ref>, this one truly comes from the "wow" file in indefensible drafting: :... ''other than'' a tax which would ''not'' be imposed ''but for''... Not only a triple negative, but since the squad’s definition of {{{{{1}}}|Tax}} already contains a negative (being any tax that isn’t a {{{{{1}}}|Stam...")
- 10:21, 24 December 2023 Amwelladmin talk contribs deleted page Template:M gen 2002 ISDA 2 (content was: "===Section 2(a)=== {{M gen 2002 ISDA 2(a)}} ===Section 2(b)=== {{M gen 2002 ISDA 2(b)}} ===Section 2(c)=== {{M gen 2002 ISDA 2(c)}} ===Section 2(d)=== {{M gen 2002 ISDA 2(d)}}", and the only contributor was "Amwelladmin" (talk))
- 10:05, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 2(c) comp (Created page with "Section {{{{{1}}}|2(c)}} is about “settlement” or “payment” netting — that is, the operational settlement of offsetting payments due on any day under the normal operation of the Agreement — and not the more drastic close-out netting, which is the {{{{{1}}}|Early Termination}} of all {{{{{1}}}|Transactions}} under Section {{{{{1}}}|6}}. If you want to know more about '''close-out netting''', see {{{{{1}}}|Single Agreement}} and {{{{{1}}}|Early Te...")
- 10:03, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 2(b) comp (Created page with "But for the new definition of {{isdaprov|Scheduled Settlement Date}} in the {{2002ma}}, the {{1992ma}} text is formally the same.")
- 10:02, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 2(a) comp (Created page with "Section {{{{{1}}}|2(a)}} is identical in the {{1992ma}} and the {{2002ma}}. However the subsidiary definition of {{isdaprov|Scheduled Settlement Date}} — a date in which any Section {{{{{1}}}|2(a)(i)}} obligations fall due — is a new and frankly uncalled-for innovation in the {{2002ma}}. We have a special page dedicated to Section {{isdaprov|2(a)(iii)}}, by the way. That is a brute, and one of the most litigationey parts of the Agreement.")
- 09:59, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 2(e) comp (Created page with "Section {{isda92prov|2(e)}}, dealing with default interest, was removed in the {{2002ma}}, and replaced with a spikier, more fulsome Section {{isdaprov|9(h)}}.")
- 09:40, 24 December 2023 Amwelladmin talk contribs created page Template:Isda 2(b) summ (Created page with "{{icds}} phoning it in, we are obliged to say, and not minded to make any better a job of it when given the opportunity to in 2002. On the other hand, in this time of constant change, it is reassuring to know some things just stay the same.")
- 09:35, 24 December 2023 Amwelladmin talk contribs created page Scheduled Settlement Date - 1992 ISDA Provision (Redirected page to 2(b) - 1992 ISDA Provision) Tag: New redirect