Template:Isda 5(b)(i) comp

From The Jolly Contrarian
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{{{{{1}}}|Illegality}}: Quite a lot of formal change to the definition of Illegality; not clear how much of it makes all that much practical difference. The 2002 ISDA requires you to give effect to remedies or fallbacks in the {{{{{1}}}|Confirmation}} that might take you out of {{{{{1}}}|Illegality}} before evoking this provision — which ought to go without saying. It also carves out Illegalities caused by the action of either party, which also seems a bit fussy, and throws in some including-without-limitation stuff which, definitely is a bit fussy. Lastly, the 2002 ISDA clarifies that the party suffering the {{{{{1}}}|Illegality}} is the {{{{{1}}}|Affected Party}}, and that an {{{{{1}}}|Illegality}} applies to the non-receipt of payments just as much as to their non-payment. Again, all this ought to have been true the 1992 ISDA — no doubt there is some whacky litigation that said otherwise — so this is mainly in the service of avoiding doubt.