Absence of Litigation - ISDA Provision: Difference between revisions

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=={{1992ma}}==
=={{1992ma}}==
{{isdasnap|3(c)}}


{{isdaquote|{{isdaprov|3(c)}} '''{{isdaprov|Absence of Litigation}}'''. There is not pending or, to its knowledge, threatened against it or any of its
{{isdaprov|Affiliate}}s any action, suit or proceeding at law or in equity or before any court, tribunal, governmental body,
agency or official or any arbitrator that is likely to affect the legality, validity or enforceability against it
of this {{isdaprov|Agreement}} or any {{isdaprov|Credit Support Document}} to which it is a party or its ability to perform its obligations
under this {{isdaprov|Agreement}} or such {{isdaprov|Credit Support Document}}.|3(c)|2002}}
==Commentary==
==Commentary==
Reference to {{isdaprov|Affiliate}}s can be controversial, particularly for Hedge Fund Managers.
Reference to {{isdaprov|Affiliate}}s can be controversial, particularly for Hedge Fund Managers.


{{isdaanatomy}}
{{isdaanatomy}}
{{c|Litigation}}

Revision as of 12:31, 19 October 2012

1992 ISDA

In gory detail

1992 ISDA
3(c) Absence of Litigation. There is not pending or, to its knowledge, threatened against it or any of its Affiliates any action, suit or proceeding at law or in equity or before any court, tribunal, governmental body, agency or official or any arbitrator that is likely to affect the legality, validity or enforceability against it of this Agreement or any Credit Support Document to which it is a party or its ability to perform its obligations under this Agreement or such Credit Support Document.

(view template)

2002 ISDA
3(c) Absence of Litigation. There is not pending or, to its knowledge, threatened against it, any of its Credit Support Providers or any of its applicable Specified Entities any action, suit or proceeding at law or in equity or before any court, tribunal, governmental body, agency or official or any arbitrator that is likely to affect the legality, validity or enforceability against it of this Agreement or any Credit Support Document to which it is a party or its ability to perform its obligations under this Agreement or such Credit Support Document.

(view template)

Commentary

Reference to Affiliates can be controversial, particularly for Hedge Fund Managers.