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At the point of closeout, the assignee’s right is to any termination payment payable to the Counterparty. Therefore any assignment of rights is logically ''subject'' to the netting, as opposed to potentially ''destructive'' of it. | At the point of closeout, the assignee’s right is to any termination payment payable to the Counterparty. Therefore any assignment of rights is logically ''subject'' to the netting, as opposed to potentially ''destructive'' of it. | ||
'''But''': This is only true insofar as your netting agreement does not actively do something crazy, like '' | '''But''': This is only true insofar as your netting agreement does not actively do something crazy, like ''disapplying'' netting of receivables which have been subject to an assignment and dividing these amounts off as "excluded termination amounts not subject to netting". | ||
I know what you are thinking. "But why on God’s green earth would anyone do that?" This is a question you might pose to the {{ | I know what you are thinking. "But why on God’s green earth would anyone do that?" This is a question you might pose to the {{fiacds}}, who confabulated the {{tag|FIA}}'s [[Professional Client Agreement]], which does ''exactly'' that. <br> |