Template:M summ 2002 ISDA Applicable Deferral Rate: Difference between revisions

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Actually there are ''three'' {{isdaprov|Applicable Deferral Rate}}s, depending on why a payment was deferred, and how long it has been deferred for.
If you want to find out the {{isdaprov|Applicable Close-out Rate}}, chances are you will bump into one of these deferred payments rates. You might think, and we might agree with you, that {{icds}} was over-thinking a remote contingency for recovering more money from a counterparty that probably doesn’t have the money to pay it in the first place. Okay, okay, it might do upon a {{isdaprov|Force Majeure Event}} or an {{isdaprov|Illegality}}. But not a {{isdaprov|2(a)(iii)}} suspension.
:(a) If it is a {{isdaprov|2(a)(iii)}} deferral, it is the actual rate the payer — being the one suspending the payment as a result of the other’s failure, of course — obtains in good faith in the inter-bank market.
:(b) If it is a deferral during a {{isdaprov|Force Majeure}} or {{isdaprov|Illegality}} waiting period, it’s that rate, only the payee gets to be consulted with about ''which'' bank it is. Yes, i know: — like, ''wow''.
:(c) If the {{isdaprov|Waiting Period}} has expired but the {{isdaprov|Illegality}} or {{isdaprov|Force Majeure}} which is preventing the payment subsists, it is the average of the ''first'' such rate (that is, the one without consultation, so I suppose the payer can run off to a different bank, even though it consulted with the payee on the bank it used for the {{isdaprov|Waiting Period}}), but then it has to average that out against the payee’s cost of funding the amount it hasn’t received as a result of the suspension.
 
This might make sense as a piece of crystalline intellectual logic — so does an [[Yngwie Malmsteen]] guitar solo — but practically you have to wonder whether {{icds}} hadn’t been hooking into the brandy a bit before knock-off time. I mean what on Earth were they thinking?

Latest revision as of 07:54, 5 June 2023

If you want to find out the Applicable Close-out Rate, chances are you will bump into one of these deferred payments rates. You might think, and we might agree with you, that ISDA’s crack drafting squad™ was over-thinking a remote contingency for recovering more money from a counterparty that probably doesn’t have the money to pay it in the first place. Okay, okay, it might do upon a Force Majeure Event or an Illegality. But not a 2(a)(iii) suspension.

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