Template:M summ 1992 ISDA 11
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An indemnity is all very well ...
Bear in mind, also, that your operating theory here is that your counterparty is a Defaulting Party — i.e., for all intents and purposes, broke. So while it’s a fine thing, this indemnity might not be of much practical use.
Is it covered in the close-out calculation?
No. The “Expenses” referred to in this provision would not be captured by the definition of “Close-out Amount”[1] or “Early Termination Amount” because, Q.E.D., they arise only once that amount has been determined and the Non-Defaulting Party is in the process of collecting it.
Stamp Tax and Section 4(e)
In the limited circumstance of default, this section modifies the arrangement for who pays Stamp Tax as set out in Section 4(e) (which says it is the person whose tax residence precipitates it).
- ↑ Or its 1992 equivalent, “the amount determined following early termination of a Terminated Transaction”.