Template:Isda bankruptcy petition summ

The JC’s colloquial expression for a Bankruptcy Event of Default that meets the criteria set out in Section 5(a)(vii)(4) of the ISDA Master Agreement.

(4)

(A) institutes or has instituted against it, by a regulator, supervisor or any similar official with primary insolvency, rehabilitative or regulatory jurisdiction over it in the jurisdiction of its incorporation or organisation or the jurisdiction of its head or home office, a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditors’ rights, or a petition is presented for its winding-up or liquidation by it or such regulator, supervisor or similar official, or

(B) has instituted against it a proceeding seeking a judgment of insolvency or bankruptcy or any other relief under any bankruptcy or insolvency law or other similar law affecting creditors’ rights, or a petition is presented for its winding-up or liquidation, and such proceeding or petition is instituted or presented by a person or entity not described in clause (A) above and either

(I) results in a judgment of insolvency or bankruptcy or the entry of an order for relief or the making of an order for its winding-up or liquidation or

(II) is not dismissed, discharged, stayed or restrained in each case within 15 days of the institution or presentation thereof;

Points to note: Section (A), wherein the petition is presented by a regulator of some kind, the event is an Event of Default in itself. Where, per Section (B), the petition ie presented by a random creditor or other public agitant, there is a grace period in which the subject entity may apply to dismiss the petition — 15 days in the 2002 ISDA, 30 days in the 1987 ISDA and 1992 ISDA — so until this grace period has expired (or a bankruptcy judgment is entered) a Section 5(a)(vii)(4)(B) event is only a Potential Event of default.