Breach of Agreement - ISDA Provision: Difference between revisions

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==[[1992 ISDA Master]] Agreement==
=={{1992ma}}==


  (ii) '''Breach of Agreement'''. Failure by the party to comply with or perform any agreement or
  (ii) '''Breach of Agreement'''. Failure by the party to comply with or perform any agreement or

Revision as of 20:03, 9 July 2012

1992 ISDA

(ii) Breach of Agreement. Failure by the party to comply with or perform any agreement or
obligation (other than an obligation to make any payment under this Agreement or delivery under
Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation
under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance
with this Agreement if such failure is not remedied on or before the thirtieth day after notice of
such failure is given to the party;

2002 ISDA Master Agreement

(ii) Breach of Agreement; Repudiation of Agreement.
(1) Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any
payment under this Agreement or delivery under Section 2(a)(i) or 9(h)(i)(2) or (4) or to give notice of a
Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied
with or performed by the party in accordance with this Agreement if such failure is not remedied within 30 days after notice
of such failure is given to the party; or

(2) the party disaffirms, disclaims, repudiates or rejects, in whole or in part, or challenges the validity of, this
Master Agreement, any Confirmation executed and delivered by that party or any Transaction evidenced by such a
Confirmation (or such action is taken by any person or entity appointed or empowered to operate it or act on its behalf);

Analysis

Note addition of repudiation.