Specified Entity - ISDA Provision: Difference between revisions

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It is relevant to the definition of {{isdaprov|Cross Default}} and {{isdaprov|Default under Specified Transaction}} in that it widens the effect of those provisions to include defaults by the parties specified.
It is relevant to the definition of {{isdaprov|Cross Default}} and {{isdaprov|Default under Specified Transaction}} in that it widens the effect of those provisions to include defaults by the parties specified.


===Tricks for young players: nominating {{isdaprov|Specified Entities}} for yourself has its upsides===
==={{T|Trick for young players}}: nominating {{isdaprov|Specified Entities}} for yourself has its upsides===
{{isdaprov|Specified Entity}} widens the scope of those provisions also to include defaults by {{isdaprov|Specified Entities}} under contracts with ''your'' {{isdaprov|Specified Entities}} - so there *is* some benefit to naming ''your'' affiliates, friends and relations as {{isdaprov|Specified Entities}}. But given how unlikely you are to be actually monitoring how a counterparty performs with an affiliate, it's more of a false comfort than a real one.
{{isdaprov|Specified Entity}} widens the scope of those provisions also to include defaults by {{isdaprov|Specified Entities}} under contracts with ''your'' {{isdaprov|Specified Entities}} - so there *is* some benefit to naming ''your'' affiliates, friends and relations as {{isdaprov|Specified Entities}}. But given how unlikely you are to be actually monitoring how a counterparty performs with an affiliate, it's more of a false comfort than a real one.



Revision as of 10:56, 3 November 2017

ISDA Anatomy™
incorporating our exclusive ISDA in a Nutshell™

2002 ISDA
Specified Entity” has the meaning specified in the Schedule.

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Index: Click to expand:Navigation
The Varieties of ISDA Experience
Subject 2002 (wikitext) 1992 (wikitext) 1987 (wikitext)
Preamble Pre Pre Pre
Interpretation 1 1 1
Obligns/Payment 2 2 2
Representations 3 3 3
Agreements 4 4 4
EODs & Term Events 5

Events of Default
FTPDBreachCSDMisrepDUSTCross DefaultBankruptcyMWA
Termination Events
IllegalityTax EventTEUMCEUMATE

5

Events of Default
FTPDBreachCSDMisrepDUSTCross DefaultBankruptcyMWA
Termination Events
IllegalityTax EventTEUMCEUMATE

5

Events of Default
FTPDBreachCSDMisrepDUSTCross DefaultBankruptcyMWA
Termination Events
IllegalityFMTax EventTEUMCEUMATE

Early Termination 6

Early Termination
ET right on EODET right on TEEffect of DesignationCalculations

6

Early Termination
ET right on EODET right on TEEffect of DesignationCalculationsSet-off

6

Early Termination
ET right on EODET right on TEEffect of DesignationCalculationsSet-off

Transfer 7 7 7
Contractual Currency 8 8 8
Miscellaneous 9 9 9
Offices; Multibranch Parties 10 10 10
Expenses 11 11 11
Notices 12 12 12
Governing Law 13 13 13
Definitions 14 14 14
Schedule Schedule Schedule Schedule
Termination Provisions Part 1 Part 1 Part 1
Tax Representations Part 2 Part 2 Part 2
Documents for Delivery Part 3 Part 3 Part 3
Miscellaneous Part 4 Part 4 Part 4
Other Provisions Part 5 Part 5 Part 5

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Note the reference in relation to (a) Section 5(a) Termination Events (like DUST for example), and (b) the "Absence of Litigation" representation in Section 3(c) of the 2002 ISDA.

A Specified Enity is any affiliate (or, in theory at any rate, even a non-affiliate) of a counterparty to an ISDA Master Agreement which is designated in the relevant Schedule.

It is relevant to the definition of Cross Default and Default under Specified Transaction in that it widens the effect of those provisions to include defaults by the parties specified.

Trick for young players: nominating Specified Entities for yourself has its upsides

Specified Entity widens the scope of those provisions also to include defaults by Specified Entities under contracts with your Specified Entities - so there *is* some benefit to naming your affiliates, friends and relations as Specified Entities. But given how unlikely you are to be actually monitoring how a counterparty performs with an affiliate, it's more of a false comfort than a real one.

See also