2014 ISDA Credit Derivatives Definitions nutshell

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Template:Nutshell Credit Derivatives Preamble
Section 1.1. “Credit Derivative Transaction” means any transaction identified as such or that incorporates the Definitions.
Template:Nutshell Credit Derivatives 1.2 Section 1.3. “Buyer” is the Fixed Rate Payer; that is, the one who benefits from credit protection.
Section 1.4. “Seller” is the Floating Rate Payer; that is, the one who provides the credit protection.
Template:Nutshell Credit Derivatives 1.5 Section 1.6. “Credit Derivatives Determinations Committee” means each committee established under the DC Rules to make DC Resolutions about Credit Derivative Transactions .
Section 1.7. “DC Rules” means the Credit Derivatives Determinations Committees Rules published by ISDA and updated from time to time.
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Section 1.12. “DC Resolution” is defined in the DC Rules.
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Section 1.27. “DC Credit Event Question Dismissal” means the DC Secretary publicly announces that the Credit Derivatives Determinations Committee has Resolved not to determine a DC Credit Event Question about the Reference Entity.
Template:Nutshell Credit Derivatives 1.28 Section 1.29. “DC No Credit Event Announcement” means the DC Secretary publicly announces that the Credit Derivatives Determinations Committee has Resolved that the event in a DC Credit Event Question is not a Credit Event.
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Article 4. Credit Events
Template:Nutshell Credit Derivatives 4.1 4.2. Bankruptcy. A Reference Entity:

(a) Dissolved: is dissolved (other than by merger);

(b) Insolvent: becomes insolvent, unable to pay its debts, or admits it in writing;

(c) Composition with Creditors: makes a composition with its creditors;

(d) Insolvency Proceedings: starts or suffers insolvency proceedings which are not discharged within 15 days or result in a winding up order;

(e) Voluntary Winding Up: resolves to wind itself up (other than by merger);

(f) Put in Administration: has an administrator, provisional liquidator, or similar appointed for it or for substantially all its assets;

(g) Security Exercised: has a secured party take possession of, or a legal process is enforced against, substantially all its assets for at 15 days without a court dismissing it;

(h) Analogous events: suffers any event which, under the laws of any jurisdiction, has the same effect as any of the above events.

Template:Nutshell Credit Derivatives 4.3 Template:Nutshell Credit Derivatives 4.4 Section 4.5. “Failure to Pay” means, after any Grace Periods that could apply have expired, the Reference Entity’s failure to make payment under any Obligations, totalling at least the Payment Requirement, as required by the terms of such Obligations.
Section 4.6 Repudiation/Moratorium.

(a) “Repudiation/Moratorium” means both of the following:

(i) an authorised officer of the Reference Entity or a Governmental Authority repudiates or imposes an effective moratorium on Obligations totalling at least the Default Requirement and

(ii) a Failure to Pay or Restructuring (ignoring any Payment Requirement or Default Requirement), occurs under any such Obligation by the Repudiation/Moratorium Evaluation Date.

(b) “Repudiation/Moratorium Evaluation Date” means, if a Potential Repudiation/Moratorium occurs by the Scheduled Termination Date:

(i) if the affected Obligations include Bonds, the later of (A) 60 days after the Potential Repudiation/Moratorium and (B) the first Bond payment date after the Potential Repudiation/Moratorium (or, if later, date any Grace Period expiry date) and

(ii) if they do not include Bonds, 60 days after the Potential Repudiation/Moratorium date;

provided that, unless the Repudiation/Moratorium Extension Condition is satisfied the Repudiation/Moratorium Evaluation Date must occur by the Scheduled Termination Date.

(c) “Potential Repudiation/Moratorium” means an event described in Section 4.6(a)(i).

(d) The “Repudiation/Moratorium Extension Condition” is satisfied if:

(i) the DC Secretary publicly announces, following a valid request received no later than fourteen calendar days after the Scheduled Termination Date, that the relevant Credit Derivatives Determinations Committee has Resolved that a Potential Repudiation/Moratorium occurred to an Obligation of the Reference Entity on or before the Scheduled Termination Date, or

(ii) the Notifying Party delivers a Repudiation/Moratorium Extension Notice and, if required, a Notice of Publicly Available Information each effective no later than fourteen calendar days after the Scheduled Termination Date.

In all cases, the Repudiation/Moratorium Extension Condition will be not be satisfied to the extent that, the DC Secretary publicly announces that the Credit Derivatives Determinations Committee has Resolved that either (A) the event is not a Potential Repudiation/Moratorium, or (B) it is, but it happened after the Scheduled Termination Date .

(e) “Repudiation/Moratorium Extension Notice” means an irrevocable notice from the Notifying Party describing a Potential Repudiation/Moratorium that occurred by the Scheduled Termination Date containing a reasonably detailed description of the Potential Repudiation/Moratorium has occurred and indicate the date of the occurrence. The Potential Repudiation/Moratorium that is the subject of the Repudiation/Moratorium Extension Notice need not be continuing on the date the Repudiation/Moratorium Extension Notice is effective. A form of Repudiation/Moratorium Extension Notice is set forth in Exhibit D.

Template:Nutshell Credit Derivatives 4.7 Template:Nutshell Credit Derivatives 4.8 Section 4.9 Certain Definitions Relating to Credit Events.

(a) “Default Requirement” means the amount specified in the Confirmation or, if none, USD 10,000,000 (or in either case its Obligation Currency equivalent) at the date of the Credit Event.

(b) “Governmental Authority” means a government or governmental, inter-governmental or supranational body, any central bank, financial markets regulator or resolution authority in each case having authority of supervisory powers over the Reference Entity and its business.

(c) “Obligation Currency” means an Obligation’s currency.

(d) “Payment Requirement” means the amount specified in the Confirmation or, if none, USD 1,000,000 (or in either case its Obligation Currency equivalent) at the date of the Credit Event.

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