Template:Nutshell ISDA Give-Up 5(a)

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5(a) Delivery and Effectiveness of Communication. All communications except Trade Notices and termination notices can[1] be delivered by:

(i) mail (return receipt requested), courier or in person (provided that an acknowledgement of delivery is obtained) and deemed effective on the date delivered or delivery is attempted;
(ii) fax [yes! fax!] and deemed effective on the date legibly received by an employee of the recipient (ie the sender’s transmission report won’t count)
(iii) electronic messaging system or email[2] and deemed effective on the date received.

A notice details are those specified in Part 6 of the Schedule. The parties may reasonably rely on communications they believe are genuine.

  1. Or must --- see Greenclose
  2. Don’t get me started on what the difference between these is but if you’re fiendishly interested go see Greenclose — it will surprise you.