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''This article is specifically about the {{isdaprov|Cross Default}} provision in the {{isdama}}. See: [[cross default]] for a general discussion of the concept. | ''This article is specifically about the {{isdaprov|Cross Default}} provision in the {{isdama}}. See: [[cross default]] for a general discussion of the concept. | ||
Under the {{isdama}}, if the cross default applies, | Under the {{isdama}}, if the cross default applies, default by a party of a payment under “{{isdaprov|Specified Indebtedness}}” in an amount above an agreed “{{isdaprov|Threshold}}” will entitle the other party to {{isdaprov|close out}} the {{isdama}}. | ||
Specified Indebtedness is | {{isdaprov|Specified Indebtedness}} is a claim against a party (by any third party) for [[borrowed money]] (e.g. bank debt; [[deposits]] etc.) and the {{isdaprov|Threshold}} which triggers it is usually defined as a cash amount or a percentage of shareholder funds. Some parties will try to widen this: do your best to resist that. | ||
{{isdaprov|Cross default}} effectively imports all the default rights you might have given a third party under the {{isdaprov|Specified Indebtedness}} into the {{isdama}}. For example, if you breach a financial covenant in a loan facility, '''even if the lender of the facility does not act on the breach''' your swap counterparty would be entitled to terminate the ISDA Master even though the ISDA Master itself contained no financial covenants. | |||
===Cross Aggregation=== | ===Cross Aggregation=== | ||
The {{2002ma}} updates the {{1992ma}} cross-default | The {{2002ma}} updates the {{1992ma}} cross-default so that if the outstanding amount under the 2 limbs of cross-default, added together, breach the {{isdaprov|Threshold Amount}}, then that will trigger cross default. Normally, under the {{1992ma}} , cross-default is only triggered if an amount under one or the other limbs is breached. | ||
As per the above, the two limbs are: | As per the above, the two limbs are: |