Merger Without Assumption - ISDA Provision: Difference between revisions

Merger Without Assumption - ISDA Provision (view source)

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-{{fullanat2|isda|5(a)(viii)|2002|5(a)(viii)|1992}}
+{{isdaanat|5(a)(viii)}}
-{{nuts|2002 ISDA|5(a)(viii)}}
 This can be triggered if:
 *The resulting party repudiates ''any'' outstanding {{isdaprov|Transactions}} under the {{isdama}}; or
 *(in the case of a transfer of assets) a small rump of {{isdaprov|Transactions}} are left in the original entity, and not transferred at to the new entity. Now you would think this ought to be covered by {{isdaprov|Credit Event Upon Merger}}, wouldn't you, because if there were no deterioration in credit and the transferring entity was still around and hadn’t winked out of existence then,
-===And [[all or substantially all]] means?===
+===And “[[all or substantially all]]” means?===
-There's not a lot of case law on it. Some say 90%. Some say 75%. Some people say ''shoot me''.
+There's not a lot of [[case law]] on it. Some say 90%. Some say 75%. Some people — your correspondent included — say “shoot me”.