82,891
edits
Default Under Specified Transaction - ISDA Provision: Difference between revisions
Default Under Specified Transaction - ISDA Provision (view source)
Revision as of 22:00, 25 July 2019
, 25 July 2019no edit summary
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary Tags: Mobile edit Mobile web edit |
||
| Line 6: | Line 6: | ||
If a [[Counterparty]] (or its {{isdaprov|Credit Support Provider}} or {{isdaprov|Specified Entity}}) experiences an {{isdaprov|Event of Default}} under a [[swap]] agreement (or other transaction falling within the definition of {{isdaprov|Specified Transaction}}, which is typically wide - but check the Agreement!) with you, this constitutes an {{isdaprov|Event of Default}} under the {{isdama}}. | If a [[Counterparty]] (or its {{isdaprov|Credit Support Provider}} or {{isdaprov|Specified Entity}}) experiences an {{isdaprov|Event of Default}} under a [[swap]] agreement (or other transaction falling within the definition of {{isdaprov|Specified Transaction}}, which is typically wide - but check the Agreement!) with you, this constitutes an {{isdaprov|Event of Default}} under the {{isdama}}. | ||
====Acceleration, not Default==== | ====Acceleration, not Default==== | ||
{{tag|DUST}} is triggered by an ''acceleration following an'' event of default under the {{isdaprov|Specified Transaction}}, not upon default itself (except where that happens on maturity - see drafting point below). Since the {{isdaprov|Specified Transaction}} is between you and the other party to the {{isdama}}, there is no great loss - it is within your gift to accelerate the other contract - and to achieve set-off you would have to do so anyway. This is less drastic than the corresponding {{isdaprov|Cross Default}} provision, which imports all the {{isdaprov|Events of Default}} from all {{isdaprov|Specified | {{tag|DUST}} is triggered by an ''acceleration following an'' event of default under the {{isdaprov|Specified Transaction}}, not upon default itself (except where that happens on maturity - see drafting point below). Since the {{isdaprov|Specified Transaction}} is between you and the other party to the {{isdama}}, there is no great loss - it is within your gift to accelerate the other contract - and to achieve set-off you would have to do so anyway. This is less drastic than the corresponding {{isdaprov|Cross Default}} provision, which imports all the {{isdaprov|Events of Default}} from all {{isdaprov|Specified Indebtedness}} into the present one<ref>I should say I am grateful to my correspondent Nick for his helpful suggestion here. I don't get many correspondents so it is extra special when one writes in with actual useful feedback. Thanks Nick! (To my other correspondents: hi, nice to hear from you too, but no I have not been in a car accident recently.) </ref>, even if the counterparty to the defaulted contract has itself waived its rights to exercise. | ||
====Drafting oddities==== | ====Drafting oddities==== | ||
*'''Payment acceleration versus delivery acceleration''': | *'''Payment acceleration versus delivery acceleration''': | ||