Template:Flawed asset capsule: Difference between revisions

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Conceivably you ''could'' invoke a flawed asset provision even if you were [[in-the-money]], but you would be mad to.
Conceivably you ''could'' invoke a flawed asset provision even if you were [[in-the-money]], but you would be mad to.
====Which events?====
====Which events?====
Exactly ''which'' default events can trigger a flawed asset clause will depend on the contract. Under the {{isdama}}, {{{{{1}}}|Events of Default}} and even ''Potential'' {{{{{1}}}|Events of Default}} do, but {{{{{1}}}|Termination Event}}s and {{{{{1}}}|Additional Termination Event}}s do not. {{{{{1}}}|Termination Event}}s are softer, “hey look, it’s no-one’s fault, it’s just one of those things” kind of closeouts, so that makes some sense — but on the other hand this is not really true of {{{{{1}}}|Additional Termination Event}}s, which tend to be credit-driven and with more “culpability” and “event-of-defaulty-ness” about them. This is, a bit dissonant, but there are far greater dissonances, so we park this one and carry on.
Exactly ''which'' default events can trigger a flawed asset clause will depend on the contract. Under the ISDA, {{{{{1}}}|Events of Default}} and even ''Potential'' {{{{{1}}}|Events of Default}} do, but {{{{{1}}}|Termination Event}}s and {{{{{1}}}|Additional Termination Event}}s do not.
 
This is because most Termination Events are softer, “hey look, it’s no-one’s fault, it’s just one of those things” kind of closeouts — but this is not really true of {{{{{1}}}|Additional Termination Event}}s, which tend to be credit-driven and girded with more “culpability” and “event-of-defaulty-ness”.  
 
This is, a bit dissonant, but there are far greater dissonances, so we park this one and carry on.


====2(a)(iii) in a time of Credit Support====
====2(a)(iii) in a time of Credit Support====