Template:Nutshell 2002 ISDA 8(b)

8(b) Judgments. If a party obtains judgment in a Non-Contractual Currency against the other for any amount due under (or upon early termination of) this Agreement and, having recovered that judgment debt, a shortfall or excess remains over the original amount due in the Contractual Currency (due to the exchange rate at which the judgment creditor, in good faith and a commercially reasonable manner, converted the judgement debt into the Contractual Currency), that judgment creditor:

will be entitled to immediately receive from the other party, the value of any such shortfall in the Contractual Currency; and

must promptly refund to the other party any such excess in the Contractual Currency.