Maintain Authorisations - 1992 ISDA Provision

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1992 ISDA Master Agreement
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1(a) (b) (c) | 2(a) (b) (c) (d) (e) | 3(a) (b) (c) (d) (e) (f) | 4(a) (b) (c) (d) (e) | 55(a) Events of Default: 5(a)(i) Failure to Pay or Deliver 5(a)(ii) Breach of Agreement 5(a)(iii) Credit Support Default 5(a)(iv) Misrepresentation 5(a)(v) Default Under Specified Transaction 5(a)(vi) Cross Default 5(a)(vii) Bankruptcy 5(a)(viii) Merger Without Assumption 5(b) Termination Events: 5(b)(i) Illegality 5(b)(ii) Tax Event 5(b)(iii) Tax Event Upon Merger 5(b)(iv) Credit Event Upon Merger 5(b)(v) Additional Termination Event (c) | 6(a) (b) (c) (d) (e) | 7 | 8(a) (b) (c) (d) | 9(a) (b) (c) (d) (e) (f) (g) | 10 | 11 | 12(a) (b) | 13(a) (b) (c) (d) | 14 |

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Section 4(b) in a Nutshell

Use at your own risk, campers!

Full text of Section 4(b)

4(b) Maintain Authorisations. It will use all reasonable efforts to maintain in full force and effect all consents of any governmental or other authority that are required to be obtained by it with respect to this Agreement or any Credit Support Document to which it is a party and will use all reasonable efforts to obtain any that may become necessary in the future.

Related agreements and comparisons

Related Agreements
Click here for the text of Section 4(b) in the 2002 ISDA
Comparisons
The 1992 ISDA and 2002 ISDA versions of Section 4(b) are identical.

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Content and comparisons

They’re the same. Exactly the same. They couldn’t even improve the punctuation, yo. Not even for the sake of it.

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Summary

The counterpart to the “Consents” representation of Section 3(a)(iv), only about the future, neatly illustrating the difference between a representation, being a declaration of fact about the state of the world in the present or past, and a covenant, being a solemn promise to do something about it in the future. Neither the past nor the future is, as regards governmental consents, tremendously controversial, or even interesting, so we do not propose to say anything more about it.

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See also

Template:M sa 2002 ISDA 4(b)

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References