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2023 ISDA Digital Asset Transactions Definitions
A Jolly Contrarian owner’s manual™
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Section 1 in a Nutshell™
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Full text of Section 1
1 Architecture
- 1.1 Digital Asset Definitions: “Digital Asset Definitions” means the ISDA Digital Asset Definitions, which include the Settlement Price Source Matrix, each as published by ISDA on its “MyLibrary” platform (or any successor platform) in “contractual text” format.
- 1.2 Settlement Price Source Matrix: “Settlement Price Source Matrix” means the “Digital Asset Definitions Settlement Price Source Matrix”.
- 1.3 Application of the Digital Asset Definitions: Unless otherwise agreed, the latest version of the Digital Asset Definitions on the Trade Date of a Transaction will apply to such Transaction or, if they are specified to apply to only part of the Transaction, to that part of the Transaction, and will not be affected by any further updates in a later dated version of the Digital Asset Definitions. In order to exclude any amendments made to the Digital Asset Definitions pursuant to a subsequent version (whether to the Digital Asset Definitions generally or to the Settlement Price Source Matrix), the parties must specify the version of the Digital Asset Definitions they wish to apply.
- 1.4 Application of the Settlement Price Source Matrix
- 1.4.1 If the terms of a Transaction refer to the Settlement Price Source Matrix, the latest version of that matrix on the Trade Date of the Transaction will be deemed to have been specified in the Confirmation.
- 1.4.2 In the event of any inconsistency between the Settlement Price Source Matrix and the Confirmation, the Confirmation will prevail.
- 1.5 Application of the Digital Asset Definitions to Parties: Any term used in a Confirmation will, when used in respect of a party, or a definition relating to a party, apply in respect of that party only.
- 1.6 ISDA: “ISDA” means the International Swaps and Derivatives Association, Inc. (or any successor).
- 1.7 ISDA Master Agreement: “ISDA Master Agreement” means the ISDA Master Agreement, if any, between the parties and referred to in the Confirmation.
- 1.8 Transaction: “Transaction” means a Transaction that incorporates the Digital Asset Definitions (or a part of them, provided that such partial incorporation is effected by express reference to the Digital Asset Definitions).
- 1.9 Confirmation
- 1.9.1 “Confirmation” means, in respect of a Transaction, one or more documents or other confirming evidence exchanged between the parties (including by means of an electronic messaging system, e-mail or electronic platform), or which are otherwise effective for the purpose of confirming that Transaction, and which taken together confirm all the terms of that Transaction.
- 1.9.2 References in the Digital Asset Definitions to details “as specified” refer to Transaction details agreed between the parties in the related Confirmation.
- 1.9.3 In the event of any inconsistency between the Confirmation and the Digital Asset Definitions, the Confirmation will prevail.
- 1.10 Conditions Precedent: Any payment or delivery obligation contained in the Digital Asset Definitions is subject to any condition precedent to a payment or delivery obligation specified in the ISDA Master Agreement.
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Content and comparisons
Template:M comp disc Digital Assets 1
Summary
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See also
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References