1985 ISDA Code of Standard Wording, Assumptions and Provisions for Swaps

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Subject 2002 (wikitext) 1992 (wikitext) 1987 (wikitext)
Preamble Pre Pre Pre
Interpretation 1 1 1
Obligns/Payment 2 2 2
Representations 3 3 3
Agreements 4 4 4
EODs & Term Events 5 Events of Default: FTPDBreachCSDMisrepDUSTCross DefaultBankruptcyMWA Termination Events: IllegalityFMTax EventTEUMCEUMATE 5 Events of Default: FTPDBreachCSDMisrepDUSTCross DefaultBankruptcyMWA Termination Events: IllegalityTax EventTEUMCEUMATE 5 Events of Default: FTPDBreachCSDMisrepDUSSCross DefaultBankruptcyMWA Termination Events: IllegalityTax EventTEUMCEUM
Early Termination 6 Early Termination: ET right on EODET right on TEEffect of DesignationCalculations; Payment DatePayments on ETSet-off 6 Early Termination: ET right on EODET right on TEEffect of DesignationCalculationsPayments on ETSet-off 6 Early Termination: ET right on EODET right on TEEffect of DesignationCalculationsPayments on ET
Transfer 7 7 7
Contractual Currency 8 8 8
Miscellaneous 9 9 9
Offices; Multibranch Parties 10 10 10
Expenses 11 11 11
Notices 12 12 12
Governing Law 13 13 13
Definitions 14 14 14
Schedule Schedule Schedule Schedule
Termination Provisions Part 1 Part 1 Part 1
Tax Representations Part 2 Part 2 Part 2
Documents for Delivery Part 3 Part 3 Part 3
Miscellaneous Part 4 Part 4 Part 4
Other Provisions Part 5 Part 5 Part 5
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The 1985 ISDA Code, properly styled as the —

Code of


Standard
Wording,
Assumptions and
Provisions for
Swaps

1985 Edition

I mean check that baby out; did you see what they did there??? It's a goddamn acrostic! Whoever heard of playfulness in the documentation of derivatives? The 1985 ISDA Code is the first ever attempt, by the Children of the Woods, progenitors of the First Men, those valiant but somehow feral predecessors to the latter-day crusading knights of ISDA’s crack drafting squad™, to make flesh and blood the idea of an ISDA Master Agreement.

And we know, from that telltale acrostic, that these were not the humdrum, process-oriented, detail-obsessed boxwallahs who now run ISDA. These were capricious, flipsy, okay maybe a bit bookish rebels, drunk on the excitement of contracts for difference, standing on the threshold of a brave new adventure. If only they could have seen where it would all end out.

For all its paleontological significance the 1985 ISDA Code is a barebones thing indeed: Events of Default and Termination Events are there ... none. Parties had to put them in the confirmation. Even failure to pay.

So, no netting, no single agreement — which kind of figures, since BCB only hit on the idea of granting capital relief for netting arrangements in 1986 — no Section 2(a)(iii)

See also