Template:Nutshell 2002 ISDA 5(b)(ii)
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- 5(b)(ii) Force Majeure Event. By reason of force majeure occurring after any Transaction is executed:―
- (1) the Office through which the Affected Party performs the Transaction cannot perform any obligation under it (it is impossible or impracticable to do so); or
- (2) the Affected Party or its Credit Support Provider cannot perform any obligation under it (or it is impossible or impracticable to do so;
- if the force majeure is outside the Affected Party’s control and it could not, after using all reasonable efforts (not obliging it to incur a loss, other than incidental expenses), overcome the necessary prevention;