Automatic Early Termination - ISDA Provision: Difference between revisions

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:*it is not be aware of the insolvency event (because by the time it does learn of it, and gets round to terminating its hedges, the markets have moved, leaving a [[MTM]] gap between the termination value of the Transactions and the termination value of the hedges).
:*it is not be aware of the insolvency event (because by the time it does learn of it, and gets round to terminating its hedges, the markets have moved, leaving a [[MTM]] gap between the termination value of the Transactions and the termination value of the hedges).


===Should we allow AET versus BBPLC?===
===Applying AET against a counterparty in a jurisdiction where it is not needed===
AET is predominantly useful in jurisdictions which recognise zero-hour rules in their insolvency regimes. England is not one of those jursidictions. Playing devil's advocate I can only think of two reasons why a party might historically want to apply AET to an English company:  
AET is predominantly useful in jurisdictions which recognise zero-hour rules in their insolvency regimes. England is not one of those jursidictions. Playing devil's advocate I can only think of two reasons why a party might historically want to apply AET to an English company: