Confirmation - ISDA Provision: Difference between revisions

From The Jolly Contrarian
Jump to navigation Jump to search
No edit summary
No edit summary
Line 1: Line 1:
{{isdaanat|preamble}}
{{isdaanat|preamble}}
Is the {{isdaprov|confirmation}} the binding legal agreement, or is it the oral communication between the traders? Before you answer, consider the {{isdaprov|Entire Agreement}} clause, and its traditionally understood impact on [[parol evidence]].

Revision as of 15:24, 8 January 2019

ISDA Anatomy™
incorporating our exclusive ISDA in a Nutshell™


In a Nutshell Section preamble:

2002 ISDA Master Agreement

between

[SPECIFY] and [SPECIFY]

will enter into “Transactions” governed by this Agreement, the Schedule, and a Confirmation. This Agreement and the Schedule together comprise the “Master Agreement”.
The parties agree as follows:―
view template

2002 ISDA full text of Section preamble:

ISDA ®
International Swaps and Derivatives Association, Inc.


Dated as of ……………………



…………………… (“Party A”) and ………………… (“Party B”)

have entered and/or anticipate entering into one or more transactions (each a “Transaction”) that are or will be governed by this 2002 Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties or otherwise effective for the purpose of confirming or evidencing those Transactions. This 2002 Master Agreement and the Schedule are together referred to as this “Master Agreement”.
Accordingly, the parties agree as follows:―
view template

Click here for the text of Section preamble in the 1992 ISDA


Index: Click to expand:Navigation
The Varieties of ISDA Experience
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
IllegalityTax EventTEUMCEUMATE

5

Events of Default
FTPDBreachCSDMisrepDUSTCross DefaultBankruptcyMWA
Termination Events
IllegalityTax EventTEUMCEUMATE

5

Events of Default
FTPDBreachCSDMisrepDUSTCross DefaultBankruptcyMWA
Termination Events
IllegalityFMTax EventTEUMCEUMATE

Early Termination 6

Early Termination
ET right on EODET right on TEEffect of DesignationCalculations

6

Early Termination
ET right on EODET right on TEEffect of DesignationCalculationsSet-off

6

Early Termination
ET right on EODET right on TEEffect of DesignationCalculationsSet-off

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

Comments? Questions? Suggestions? Requests? Insults? We’d love to 📧 hear from you.
Sign up for our newsletter.


Is the confirmation the binding legal agreement, or is it the oral communication between the traders? Before you answer, consider the Entire Agreement clause, and its traditionally understood impact on parol evidence.