Additional Termination Event - ISDA Provision: Difference between revisions

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[[ATE]]s are likely to be the most haggled-over part of your {{isdama}}.  
[[ATE]]s are likely to be the most haggled-over part of your {{isdama}}.  


These are the ''other'' termination events your [[Credit officer|Credit department]] has dreamt up for this specific counterparty, that didn’t occur to the framers of the {{isdama}} — or, at any rate, weren’t sufficiently universal to warrant being included in the {{isdama}} for all. While the standard {{isdaprov|Termination Events}} tend to be “non-fault” events which justify termination of the relationship on economic grounds, but not on terms necessarily punitive to the {{isdaprov|Affected Party}}, Additional Termination Events are more “credity”, more susceptible of moral outrage, and as such more closely resemble {{isdaprov|Events of Default}} than {{isdaprov|Termination Events}}.


===Examples===
Common ones include:
*[[NAV trigger|NAV triggers]] (for [[Hedge fund|hedge funds]])
*[[Key man]] provisions (for [[Hedge fund|hedge funds]])
*[[Investment manager]] insolvency or loss of licence
*Parent divestment (where counterparty is a financing subsidiary)
===All they are cracked up to be?===
There is a school of thought that this serves the interests of the [[Negotiator|Ancient Guild of Contract Negotiators]] and the [[Credit officer|Worshipful Company of Credit Officers]] more than it does the shareholders of the institutions for whom these people ply their trade, for in these days of [[Threshold - CSA Provision|zero-threshold]] [[CSA|CSAs]], the real credit protections in the ISDA are the standard {{isdaprov|Events of Default}} (especially {{isdaprov|Failure to Pay or Deliver}} and {{isdaprov|Bankruptcy}}).
It’s a fair bet no-one in the organisation will have kept a record of how often you pulled [[NAV trigger]]. It may well be never.
“Ahh”, your [[credit officer]] will say, “but it gets the counterparty to the negotiating table”.
Hmmm.


==={{t|Trick for young players}}===
==={{t|Trick for young players}}===