Specifications of Certain Matters - CSA Provision

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CSA Anatomy


In a Nutshell Section 9(d):

9(d) Specifications of Certain Matters. If this Annex says something can be “specified in Paragraph 11”, you can specify it in a Confirmation or other document between the parties, too.
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1995 ISDA CSA full text of Section 9(d):

9(d) Specifications of Certain Matters. Anything referred to in this Annex as being specified in Paragraph 11 also may be specified in one or more Confirmations or other documents and this Annex will be construed accordingly.
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Related Agreements
Click here for the text of Section 9(d) in the 1995 English Law CSA
Click here for the text of Section 9(d) in the 2016 English Law VM CSA
Click here for the text of the equivalent, Section 11(f) in the 2016 NY Law VM CSA
Comparisons
1995 English Law CSA and 2016 English law VM CSA: click for comparison
2016 English law VM CSA and 2016 NY Law VM CSA: click for comparison

Resources Full wikitext | Nutshell wikitext
Navigation 1 (Interpretation) | 2 (Credit Support Obligations) | 3 (Transfers, Calculations and Exchanges) | 4 (Dispute Resolution) | 5 (Title Transfer etc) | 6 (Default) | 7 (Representation) | 8 (Expenses) | 9 (Miscellaneous) | 10 (Definitions) | 11 (Elections and Variables)

Index — Click ᐅ to expand:

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One from the “well, I’ll be blowed” school of legal expression wherein ISDA’s crack drafting squad™ states the bleeding obvious for the benefit of those timid types who — despite being schooled in its weft and warp — don’t quite trust the common law to deliver elementary common sense.

On the one hand, you can see where they’re coming from — this is the same common law which concluded[1] email is not an electronic messaging system, after all - but on the other hand come on.

Thanks for phoning it in, team.

References