Second Method - ISDA Provision

ISDA Anatomy™ incorporating our exclusive ISDA in a Nutshell™ Go Premium 2002 ISDA Template:ISDA Master Agreement 2002 Second Method (view template) Index: Click ᐅ to expand: ISDA Navigation The Varieties of ISDA Experience Subject 2002 (wikitext) 1992 (wikitext) 1987 (wikitext) Preamble Pre Pre Pre Interpretation 1 1 1 Obligns/Payment 2 2 2 Representations 3 3 3 Agreements 4 4 4 EODs & Term Events 5 Events of Default FTPD • Breach • CSD • Misrep • DUST • Cross Default • Bankruptcy • MWA Termination Events Illegality • Tax Event • TEUM • CEUM • ATE • 5 Events of Default FTPD • Breach • CSD • Misrep • DUST • Cross Default • Bankruptcy • MWA Termination Events Illegality • Tax Event • TEUM • CEUM • ATE • 5 Events of Default FTPD • Breach • CSD • Misrep • DUST • Cross Default • Bankruptcy • MWA Termination Events Illegality • FM • Tax Event • TEUM • CEUM • ATE • Early Termination 6 Early Termination ET right on EOD • ET right on TE • Effect of Designation • Calculations 6 Early Termination ET right on EOD • ET right on TE • Effect of Designation • Calculations • Set-off 6 Early Termination ET right on EOD • ET right on TE • Effect of Designation • Calculations • Set-off Transfer 7 7 7 Contractual Currency 8 8 8 Miscellaneous 9 9 9 Offices; Multibranch Parties 10 10 10 Expenses 11 11 11 Notices 12 12 12 Governing Law 13 13 13 Definitions 14 14 14 Schedule Schedule Schedule Schedule Termination Provisions Part 1 Part 1 Part 1 Tax Representations Part 2 Part 2 Part 2 Documents for Delivery Part 3 Part 3 Part 3 Miscellaneous Part 4 Part 4 Part 4 Other Provisions Part 5 Part 5 Part 5 Comments? Questions? Suggestions? Requests? Insults? We’d love to 📧 hear from you. Sign up for our newsletter.

The Second Method is a method of determining the Early Termination Payment due upon close out of an 1992 ISDA. It requires a payment to be made equal to the net value of the terminated transactions, even if this means a payment to the Defaulting Party. In case of a termination event under the ISDA Master Agreement it is good to have your payment and calculation methods well-defined. The section Payments on Early Termination (ISDA Master Agreement Section 6(e) and Schedule 1(f)) covers this.

• Market Quotation requires at least three arm's length quotations to value the transactions to be terminated, compared to Loss where the Non-defaulting party determines (in "good faith") the losses and costs (minus its gains) in potentially replacing Terminated Transactions.

• Second Method: the net close-out amount is always paid out to the party to whom it is due, regardless whether it is the Defaulting Party or the Non-defaulting party.

Comparison with the First Method

Not generally used, under the First Method, a payment is only ever made by the Defaulting Party to the Non-defaulting Party. Which is a bit rubbish, and plays havoc with capital adequacy calculations. The First Method is thus a back door to withhold payments due under the ISDA Master Agreement and set those off with other (possible) defaulted payments and is therefore undesirable.

See also

• General Conditions - the ominous subject of Section 2(a)(iii) and the Metavante case.
• Close-out Amount - the 2002 ISDA equivalent.