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Early Termination - ISDA Provision: Difference between revisions
Early Termination - ISDA Provision (view source)
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{{fullanatopen|isda|{{tocbuilder|ISDA|2002|6}}}} | {{fullanatopen|isda|{{tocbuilder|ISDA|2002|6}}}} | ||
===No general termination right under the {{isdama}}=== | |||
Unlike the {{gmsla}} and many other — ahh, ''less sophisticated'' [[master agreements]]s<ref>Yes; there is some inter-[[industry association]] bitterness and snobbery here.<ref> — the {{isdama}} doesn’t have a general termination right of this sort ''at all''. You can ''only'' terminate {{isdaprov|Transactions}}, not the [[master agreement]] construct which sits around them itself. The empty vessel remains for all eternity as an immortal, ineffecual husk. This is to do with paranoid fears about the efficacy of the ISDA’s sainted [[close-out netting]] terms — meh; maybe — but I like to think it is because before he was cast out from heaven the dark lord left plans to unleash upon the world an army of wight-walker zombie ISDAs, doomed to roam the earth until the [[Omega|day of judgment]], apropos nothing but ''there'', not alive, but un-dead, ready to reanimate and rally to the banner of Sauron, Beelzebub, [[Lehman Brothers]] etc., should they be reincarnated, to rain apocalyptic hell on the armies of men. | |||
===How the {{isdaprov|Close-out}} mechanism Works=== | ===How the {{isdaprov|Close-out}} mechanism Works=== | ||
An {{isdaprov|Event of Default}} gives the {{isdaprov|Non-defaulting Party}} a right (but not an obligation) to designate an {{isdaprov|Early Termination Date}} with respect to all outstanding {{isdaprov|Transactions}} on not more than 20 days' notice. | An {{isdaprov|Event of Default}} gives the {{isdaprov|Non-defaulting Party}} a right (but not an obligation) to designate an {{isdaprov|Early Termination Date}} with respect to all outstanding {{isdaprov|Transactions}} on not more than 20 days' notice. | ||
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Once all {{isdaprov|Transactions}} are terminated, you move to Section {{isdaprov|6(e)}} which directs how to value the transactions (it depends on who is the Defaulting Party, and whether you have alected {{isdaprov|Loss}} or {{isdaprov|Market Quotation}}, and {{isdaprov|First Method}} or {{isdaprov|Second Method}}. Under the {{2002ma}} it is much easier. | Once all {{isdaprov|Transactions}} are terminated, you move to Section {{isdaprov|6(e)}} which directs how to value the transactions (it depends on who is the Defaulting Party, and whether you have alected {{isdaprov|Loss}} or {{isdaprov|Market Quotation}}, and {{isdaprov|First Method}} or {{isdaprov|Second Method}}. Under the {{2002ma}} it is much easier. | ||
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