Inter-affiliate ISDA negotiation: Difference between revisions

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On such an afternoon the various [[paralegal]]s, [[negotiator]]s, [[alternative legal service provider]]s, [[credit officer]]s in the cause, some two or three of whom have inherited it from a parent, who also made a living out of it, ought to be — as are they not? — arranged in a line, with [[Side letter|side-letter]]s, [[Margin lock-up|margin lock-ups]], [[Credit support document|credit support documents]], [[SFTR disclosures|title-transfer collateral arrangement disclosures]], [[Threshold Amount - ISDA Provision|Cross Default thresholds]], [[Additional Termination Events - ISDA provision|additional termination events]], [[conditions precedent]], [[conditions subsequent]], [[Authorised signatory lists|authorised signatory lists]], audited financial statements, mountains of costly nonsense all, piled before them. Well may the commercial objective be dim; well may the fog of war hang heavy in the recycled tropes grown calcific through loyal, time-tested abeyance, their original purpose now so encrusted it would never escape; well may the accretive communiques by which these agents articulate the obstacles to consensus as they find them, submitting these conundra to those further up the reporting line for adjudication; well may the uninitiated from the streets, were they allowed to peep in through the glass panes in the door, be deterred from entrance by its owlish aspect and by the drawl, languidly echoing to the roof from the padded dais where the Lord High Chancellor looks into the lantern that has no light in it and where the attendant wigs are all stuck in a fog-bank!  
On such an afternoon the various [[paralegal]]s, [[negotiator]]s, [[alternative legal service provider]]s, [[credit officer]]s in the cause, some two or three of whom have inherited it from a parent, who also made a living out of it, ought to be — as are they not? — arranged in a line, with [[Side letter|side-letter]]s, [[Margin lock-up|margin lock-ups]], [[Credit support document|credit support documents]], [[SFTR disclosures|title-transfer collateral arrangement disclosures]], [[Threshold Amount - ISDA Provision|Cross Default thresholds]], [[Additional Termination Events - ISDA provision|additional termination events]], [[conditions precedent]], [[conditions subsequent]], [[Authorised signatory lists|authorised signatory lists]], audited financial statements, mountains of costly nonsense all, piled before them. Well may the commercial objective be dim; well may the fog of war hang heavy in the recycled tropes grown calcific through loyal, time-tested abeyance, their original purpose now so encrusted it would never escape; well may the accretive communiques by which these agents articulate the obstacles to consensus as they find them, submitting these conundra to those further up the reporting line for adjudication; well may the uninitiated from the streets, were they allowed to peep in through the glass panes in the door, be deterred from entrance by its owlish aspect and by the drawl, languidly echoing to the roof from the padded dais where the Lord High Chancellor looks into the lantern that has no light in it and where the attendant wigs are all stuck in a fog-bank!  
no point of principle is ever sufficiently grave to put an end to this whole edifice.


This is the Court of Chancery, which has its decaying houses and its blighted lands in every shire, which has its worn-out lunatic in every madhouse and its dead in every churchyard, which has its ruined suitor with his slipshod heels and threadbare dress borrowing and begging through the round of every man's acquaintance, which gives to monied might the means abundantly of wearying out the right, which so exhausts finances, patience, courage, hope, so overthrows the brain and breaks the heart, that there is not an honourable man among its practitioners who would not give—who does not often give—the warning, "Suffer any wrong that can be done you rather than come here!"
This is the Court of Chancery, which has its decaying houses and its blighted lands in every shire, which has its worn-out lunatic in every madhouse and its dead in every churchyard, which has its ruined suitor with his slipshod heels and threadbare dress borrowing and begging through the round of every man's acquaintance, which gives to monied might the means abundantly of wearying out the right, which so exhausts finances, patience, courage, hope, so overthrows the brain and breaks the heart, that there is not an honourable man among its practitioners who would not give—who does not often give—the warning, "Suffer any wrong that can be done you rather than come here!"

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