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=== | {{isia}} | ||
{{ | ===Draft ISDA Section {{isdaprov|2(a)(iii)}} Protocol=== | ||
These amendments are being led by [[ISDA]] and are likely to take effect by | These amendments are being led by [[ISDA]] and are likely to take effect by protocol. These changes are separate to the ones being contemplated under DFA. | ||
====Intent of drafting==== | ====Intent of drafting==== | ||
The revised text looks to address 4 concerns (each arising from English case law): | The revised text looks to address 4 concerns (each arising from English case law): | ||
#'''Time Limit''': Will now be triggered by the {{isdaprov|Defaulting Party}}serving notice on the {{isdaprov|Non-defaulting Party}} | #'''Time Limit''': Will now be triggered by the {{isdaprov|Defaulting Party}}serving notice on the {{isdaprov|Non-defaulting Party}}. Bank of England, FSA and Fed all keen for the period to be short (UK had suggested 1 month). | ||
#'''Gross/Net issue''': (per {{casenote|Lomas|Firth Rixson}} and {{casenote|Marine Trade|Pioneer}}) | #'''Gross/Net issue''': (per {{casenote|Lomas|Firth Rixson}} and {{casenote|Marine Trade|Pioneer}}) | ||
#'''Due Date Expiry issue''': (per [[Marine Trade]]) | #'''Due Date Expiry issue''': (per [[Marine Trade]]) |