Right to Terminate Following Event of Default - ISDA Provision: Difference between revisions

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Those with a keen eye will notice that, but for the title, Section 6(a) of the [[2002 ISDA Master]] is the same as Section 6(s) of the [[1992 ISDA Master]].
Those with a keen eye will notice that, but for the title, Section 6(a) of the [[2002 ISDA Master]] is the same as Section 6(s) of the [[1992 ISDA Master]].


==Section 6(a) of the {{1992ma}}==
{{isdasnap|6(a)}}
 
(a) ''Right to Terminate Following Event of Default''. If at any time an {{isdaprov|Event of Default}} with respect to
a party (the “[[Defaulting Party]]”) has occurred and is then continuing, the other party (the “{{isdaprov|Non-defaulting Party}}”)
may, by not more than 20 days notice to the Defaulting Party specifying the relevant Event of Default,  designate a day
not earlier than the day such notice is effective as an {{isdaprov|Early Termination Date}} in respect of all outstanding
{{isdaprov|Transaction}}s. If, however, “{{isdaprov|Automatic Early Termination}}” is specified in the Schedule as applying to a party,
then an {{isdaprov|Early Termination Date}} in respect of all outstanding Transactions will occur immediately upon the occurrence
with respect to such party of an Event of Default specified in Section 5(a)(vii)(1), (3), (5), (6) or, to the extent
analogous thereto, (8), ({{isdaprov|Bankuptcy}}) and as of the time immediately preceding the institution of the relevant
proceeding or the presentation of the relevant petition upon the occurrence with respect to such party of an Event of
Default specified in Section 5(a)(vii)(4) or, to the extent analogous thereto, (8).
 
==Section 6(a) of the {{2002ma}}==
 
(a) ''Right to Terminate Following Event of Default''. If at any time an {{isdaprov|Event of Default}} with respect to
a party (the “{{isdaprov|Defaulting Party}}”) has occurred and is then continuing, the other party (the “{{isdaprov|Non-defaulting Party}}”)
may, by not more than 20 days notice to the Defaulting Party specifying the relevant Event of Default, designate a day
not earlier than the day such notice is effective as an {{isdaprov|Early Termination Date}} in respect of all outstanding
{{isdaprov|Transaction}}s. If, however, “{{isdaprov|Automatic Early Termination}}” is specified in the Schedule as applying to a party,
then an {{isdaprov|Early Termination Date}} in respect of all outstanding Transactions will occur immediately upon the occurrence
with respect to such party of an Event of Default specified in Section 5(a)(vii)(1), (3), (5), (6) or, to the extent
analogous thereto, (8), ({{isdaprov|Bankuptcy}}) and as of the time immediately preceding the institution of the relevant
proceeding or the presentation of the relevant petition upon the occurrence with respect to such party of an Event of
Default specified in Section 5(a)(vii)(4) or, to the extent analogous thereto, (8).


{{isdaanatomy}}
{{isdaanatomy}}
*{{isdaprov|Effect of Designation}}
*{{isdaprov|Effect of Designation}}

Revision as of 12:21, 10 August 2012

Those with a keen eye will notice that, but for the title, Section 6(a) of the 2002 ISDA Master is the same as Section 6(s) of the 1992 ISDA Master.

In gory detail

1992 ISDA
6(a) Right to Terminate Following Event of Default. If at any time an Event of Default with respect to a party (the “Defaulting Party”) has occurred and is then continuing, the other party (the “Non-defaulting Party”) may, by not more than 20 days’ notice to the Defaulting Party specifying the relevant Event of Default, designate a day not earlier than the day such notice is effective as an Early Termination Date in respect of all outstanding Transactions. If, however, “Automatic Early Termination” is specified in the Schedule as applying to a party, then an Early Termination Date in respect of all outstanding Transactions will occur immediately upon the occurrence with respect to such party of an Event of Default specified in Section 5(a)(vii)(1), (3), (5), (6) or, to the extent analogous thereto, (8), (Bankruptcy) and as of the time immediately preceding the institution of the relevant proceeding or the presentation of the relevant petition upon the occurrence with respect to such party of an Event of Default specified in Section 5(a)(vii)(4) or, to the extent analogous thereto, (8).

(view template)

2002 ISDA
6(a) Right to Terminate Following Event of Default. If at any time an Event of Default with respect to a party (the “Defaulting Party”) has occurred and is then continuing, the other party (the “Non-defaulting Party”) may, by not more than 20 days’ notice to the Defaulting Party specifying the relevant Event of Default, designate a day not earlier than the day such notice is effective as an Early Termination Date in respect of all outstanding Transactions. If, however, “Automatic Early Termination” is specified in the Schedule as applying to a party, then an Early Termination Date in respect of all outstanding Transactions will occur immediately upon the occurrence with respect to such party of an Event of Default specified in Section 5(a)(vii)(1), (3), (5), (6) or, to the extent analogous thereto, (8), and as of the time immediately preceding the institution of the relevant proceeding or the presentation of the relevant petition upon the occurrence with respect to such party of an Event of Default specified in Section 5(a)(vii)(4) or, to the extent analogous thereto, (8).

(view template)