82,853
edits
Template:M summ 2002 ISDA 5(c): Difference between revisions
→Non-repudiatory {{isdaprov|Breach of Agreement}}
Amwelladmin (talk | contribs) No edit summary Tag: Reverted |
Amwelladmin (talk | contribs) Tag: Reverted |
||
| Line 7: | Line 7: | ||
A {{isdaprov|Force Majeure Event}} is something that is so beyond one’s control or expectation that it shouldn’t count as an {{isdaprov|Event of Default}} or even a {{isdaprov|Termination Event}} ''at all'' — at least until you’ve had a chance to sort yourself out, fashion a canoe paddle with a Swiss Army knife, jury-rig an aerial and get reconnected to the world wide web. | A {{isdaprov|Force Majeure Event}} is something that is so beyond one’s control or expectation that it shouldn’t count as an {{isdaprov|Event of Default}} or even a {{isdaprov|Termination Event}} ''at all'' — at least until you’ve had a chance to sort yourself out, fashion a canoe paddle with a Swiss Army knife, jury-rig an aerial and get reconnected to the world wide web. | ||
===Non-[[Repudiatory breach|repudiatory]] {{isdaprov|Breach of Agreement}}=== | ===Non-[[Repudiatory breach|repudiatory]] {{isdaprov|Breach of Agreement}}=== | ||
Note that the subordination of {{isdaprov|Events of Default}} to {{isdaprov|Illegality}} and {{isdaprov|Force Majeure}} in section {{isdaprov|5(c)(i)}} | Note that the subordination of {{isdaprov|Events of Default}} to {{isdaprov|Illegality}} and {{isdaprov|Force Majeure}} in section {{isdaprov|5(c)(i)}} specifically excludes a [[Repudiatory breach|repudiatory]] {{isdaprov|Breach of Agreement}} as contemplated under the newly introduced section {{isdaprov|5(a)(ii)(2)}}, and any {{isdaprov|Credit Support Default}} other than a direct, non-[[Repudiatory breach|repudiatory]], default by the {{isdaprov|Credit Support Provider}}. | ||
Why? Well, firstly, this is about {{isdaprov|Events of Default}} that are ''directly caused by'' an {{isdaprov|Illegality}} or {{isdaprov|Force Majeure}}, not simply ones which are coincidental with them. That being said, disciples of [[David Hume]] will appreciate that causal relations are not always perfectly clear, a spurious [[correlation]] can resemble [[causation]], so there is inevitably scope for a mischievous defaulter to create confusion and angst here. Recognising this, {{icds}} inserted some language which, in a world governed unstintingly by cold economic logic, would be redundant, but may help to put [[Credit department|easily riled minds]] at rest here. | |||
Secondly, if you have actually ''[[Repudiation|repudiated]]'' your contract — that is to say, point-blank ''refused'' to perform its clear terms — and, by lucky hap, your [[repudiation]] coincides with an {{isdaprov|Illegality}} or a Force Majeure by which you couldn’t perform it even if you wanted to, then your counterparty should not be obliged to give you the benefit of the doubt and have to close you out via the more genteel route of an {{isdaprov|Illegality}} {{isdaprov|Termination Event}}. | |||
If you’ve thrown your toys out of the pram, expected to be spanked, that is to say.<ref>It ought to go without saying that the [[Jolly Contrarian]] does not condone corporal punishment to wanton boys, although it never did him any harm.</ref> | If you’ve thrown your toys out of the pram, expected to be spanked, that is to say.<ref>It ought to go without saying that the [[Jolly Contrarian]] does not condone corporal punishment to wanton boys, although it never did him any harm.</ref> | ||