Credit Event Upon Merger - ISDA Provision: Difference between revisions

no edit summary
m (Text replace - "{{isdaanatomy}}" to "{{anat|isda}}")
No edit summary
Line 1: Line 1:
{{ISDAnumberingdiscrepancy}}
{{fullanat2|isda|5(b)(v)|2002|5(b)(iv)|1992}}
{{ISDAnumberingdiscrepancy}} - Section {{isdaprov|5(a)(viii)}} is {{isdaprov|Merger Without Assumption}}.


==Section 5(b)(iv), {{1992ma}}==
Pay attention to the interplay between this section and Section {{isdaprov|7(a)}} of the {{isdaprov|Transfer}} Section. You should not need to amend Section {{isdaprov|7(a)}} (for example to require equivalence of credit quality of any transferee entity etc because that is managed by {{isdaprov|CEUM}}.
{{isdaquote|{{ISDA Master Agreement 1992 5(b)(iv)}}|5(b)(iv)|1992}}
Note that Section {{isdaprov|5(a)(viii)}} is {{isdaprov|Merger Without Assumption}}.


==Section 5(b)(v), {{2002ma}}==
Note also the interrelationship between [[CEUM]] and the {{isdaprov|Ratings Downgrade}} {{isdaprov|ATE}}. One can be forgiven for feeling a little ambivalent about {{isdaprov|CEUM}} because it is either caught by {{isdaprov|Ratings Downgrade}} or, where there is no requirement for a general Ratings Downgrade, insisting on {{isdaprov|CEUM}} seems a bit arbitrary (i.e. why do we care about a downgrade as a result of a merger, but not any other downgrade?)
{{isdaquote|{{ISDA Master Agreement 2002 5(b)(v)}}|5(b)(v)|2002}}
 
===Commentary===
Note the interplay between this section and Section {{isdaprov|7(a)}} of the {{isdaprov|Transfer}} Section. You should not need to amend Section {{isdaprov|7(a)}} (for example to require equivalence of credit quality of any transferee entity etc because that is managed by {{isdaprov|CEUM}}.
 
Note also the interrelationship between CEUM and the {{isdaprov|Ratings Downgrade}} {{isdaprov|ATE}}. One can be forgiven for feeling a little ambivalent about {{isdaprov|CEUM}} because it is either caught by Ratings Downgrade or, where there is no requirement for a general Ratings Downgrade, insisting on {{isdaprov|CEUM}} seems a bit arbitrary (i.e. why do we care about a downgrade as a result of a merger, but not any other downgrade?)
 
 
{{anat|isda}}