82,891
edits
Breach of Agreement - ISDA Provision: Difference between revisions
Jump to navigation
Jump to search
Breach of Agreement - ISDA Provision (view source)
Revision as of 14:53, 28 June 2019
, 28 June 2019no edit summary
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary |
||
| Line 14: | Line 14: | ||
A failure to {{isdaprov|Furnish Specified Information}} — ie those {{isdaprov|documents for delivery}} specified in {{isdaprov|Part 3}} of the {{isdama}}, adverted to in Section {{isdaprov|4(a)(ii)}} ''will'' therefore be an {{isdaprov|Event of Default}}, although you have to navigate a needlessly tortured string of clause cross references and [[double negative|double negatives]] to settle upon this conclusion. | A failure to {{isdaprov|Furnish Specified Information}} — ie those {{isdaprov|documents for delivery}} specified in {{isdaprov|Part 3}} of the {{isdama}}, adverted to in Section {{isdaprov|4(a)(ii)}} ''will'' therefore be an {{isdaprov|Event of Default}}, although you have to navigate a needlessly tortured string of clause cross references and [[double negative|double negatives]] to settle upon this conclusion. | ||
===Differences=== | ===Differences=== | ||
Note the addition of {{isdaprov|Repudiation of Agreement}} to the {{2002ma}}. You don't really need to define repudiation as a breach justifying termination of a contract, because [[Repudiatory breach|that’s what it is by definition]] but that has never stopped an ISDA drafting committee before. | Note the addition of {{isdaprov|Repudiation of Agreement}} to the {{2002ma}}. You don't really need to define repudiation as a breach justifying termination of a contract, because ''[[Repudiatory breach|that’s what it is by definition]]'' but that has never stopped an ISDA drafting committee before. | ||
{{sa}} | {{sa}} | ||
*{{isdaprov|Furnish Specified Information}} and sub-limb {{isdaprov|4(a)(ii)}} (documents for delivery) ''but not'' {{isdaprov|4(a)(i)}} or {{isdaprov|4(a)(iii)}} (which relate to tax documents). | *{{isdaprov|Furnish Specified Information}} and sub-limb {{isdaprov|4(a)(ii)}} (documents for delivery) ''but not'' {{isdaprov|4(a)(i)}} or {{isdaprov|4(a)(iii)}} (which relate to tax documents). | ||
*Section {{isdaprov|3(d)}} representations. | *Section {{isdaprov|3(d)}} representations. | ||