Non-affected Party - ISDA Provision

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2002 ISDA Master Agreement
A Jolly Contrarian owner’s manual

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Resources Wikitext | Nutshell wikitext | 1992 ISDA wikitext | 2002 vs 1992 Showdown | 2006 ISDA Definitions | 2008 ISDA | JC’s ISDA code project
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Events of Default: 5(a)(i) Failure to Pay or Deliver5(a)(ii) Breach of Agreement5(a)(iii) Credit Support Default5(a)(iv) Misrepresentation5(a)(v) Default Under Specified Transaction5(a)(vi) Cross Default5(a)(vii) Bankruptcy5(a)(viii) Merger without Assumption
Termination Events: 5(b)(i) Illegality5(b)(ii) Force Majeure Event5(b)(iii) Tax Event5(b)(iv) Tax Event Upon Merger5(b)(v) Credit Event Upon Merger5(b)(vi) Additional Termination Event

Index — Click ᐅ to expand:

Section Non-affected Party in a Nutshell
Use at your own risk, campers!

Non-affected Party” means the party that isn’t the Affected Party, if there is one.
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Full text of Section Non-affected Party

Non-affected Party” means, so long as there is only one Affected Party, the other party.
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Related agreements and comparisons

Related Agreements
Click here for the text of Section Non-affected Party in the 1992 ISDA
Template:Isdadiff Non-affected Party

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Content and comparisons

A clause so joyously well-crafted in 1992, that ISDA’s crack drafting squad™ saw no need to change it a decade later, when the opportunity presented itself. They might have grasped it to devise a concept less clumsy than “the Non-affected Party or the Non-defaulting Party, as the case may be” — you know, like “Innocent Party”, or something like that — but perhaps that’s just me.

See also