Template:M summ 2002 ISDA 6(b): Difference between revisions

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[[6(b) - ISDA Provision|There]] is a difference between:
[[6(b) - ISDA Provision|There]] is a difference between {{isdaprov|Termination Event}}s that are:
*'''Non-catastrophic {{isdaprov|Termination Events}}''': {{isdaprov|Termination Event}}s that affect one, some, or just a subset of {{isdaprov|Transaction}}s under the {{isdama}} — these might be caused by, say, a {{isdaprov|Tax Event}} or a local {{isdaprov|Illegality}}, but in any weather they are not much about the [[solvency]], [[creditworthiness]] or mendacity of your counterparty (and might have nothing to do with your counterparty at all); and  
*'''Non-catastrophic''': that affect one, some, or just a subset of {{isdaprov|Transaction}}s under the {{isdama}} — these might be caused by, say, a {{isdaprov|Tax Event}} or a local {{isdaprov|Illegality}}, but in any weather they are not much about the [[solvency]], [[creditworthiness]] or mendacity of your counterparty (and might have nothing to do with your counterparty at all); and  
*'''Catastrophic {{isdaprov|Termination Events}}: those {{isdaprov|Termination Event}}s which by their nature affect — that is, “[[Affected Transaction - 1992 ISDA Provision|Affect]]” — ''all {{isdaprov|Transactions}}''. These generally are the bespoke ones your credit department insisted on, they ''will'' have something to do with the naughtiness of lack of fibre of one or other of the counterparty, and these function for most respects a lot more like {{isdaprov|Events of Default}}.
*'''Catastrophic''': that, by their nature affect — that is, “[[Affected Transaction - 1992 ISDA Provision|Affect]]” — '''''all''' {{isdaprov|Transactions}}''. These generally are the bespoke ones your [[credit department]] insisted on — or ''theirs'' did; they ''will'' have something to do with the naughtiness of lack of fibre of your counterparty (or you!), and these function for most respects a lot more like {{isdaprov|Events of Default}}.


Thus, in the drafting of ISDA Schedules, CSAs and so on, you will often find laboured reference to {{isdaprov|Events of Default}} [[and/or]] {{isdaprov|Termination Events}} which lead to {{isdaprov|Early Termination Date}}s ''with respect to all outstanding {{isdaprov|Transaction}}s'' as some kind of special, hyper-exciting, class of {{isdaprov|Termination Event}}.
Thus, in the drafting of ISDA Schedules, CSAs and so on, you will often find laboured reference to {{isdaprov|Events of Default}} [[and/or]] {{isdaprov|Termination Events}} which lead to {{isdaprov|Early Termination Date}}s ''with respect to all outstanding {{isdaprov|Transaction}}s'' as some kind of special, hyper-exciting, class of {{isdaprov|Termination Event}}.

Revision as of 14:12, 22 July 2021

There is a difference between Termination Events that are:

  • Non-catastrophic: that affect one, some, or just a subset of Transactions under the ISDA Master Agreement — these might be caused by, say, a Tax Event or a local Illegality, but in any weather they are not much about the solvency, creditworthiness or mendacity of your counterparty (and might have nothing to do with your counterparty at all); and
  • Catastrophic: that, by their nature affect — that is, “Affect” — all Transactions. These generally are the bespoke ones your credit department insisted on — or theirs did; they will have something to do with the naughtiness of lack of fibre of your counterparty (or you!), and these function for most respects a lot more like Events of Default.

Thus, in the drafting of ISDA Schedules, CSAs and so on, you will often find laboured reference to Events of Default and/or Termination Events which lead to Early Termination Dates with respect to all outstanding Transactions as some kind of special, hyper-exciting, class of Termination Event.

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