Termination event: Difference between revisions

no edit summary
No edit summary
No edit summary
Line 1: Line 1:
{{fullanatopen|isda|{{nuts|2002 ISDA|5(b)}}}}
{{isdaanat|5(b)}}
''See: {{isdaprov|Early Termination Event}}s under the {{isdama}}''.
''See: {{isdaprov|Early Termination Event}}s under the {{isdama}}''.


A [[termination event]] is a softer, gentler kind of [[event of default]].
A [[termination event]] is a softer, gentler kind of [[event of default]].


Popularised by those habitual splitters of hairs, ISDA lawyers, {{isdaprov|Early Termination Event}}s are circumstances giving grounds to terminate an {{isdama}} that do not speak to the moral character or unacceptable [[creditworthiness]] of the {{isdaprov|Affected Party}} (so labelled, as opposed to a {{isdaprov|Defaulting Party}}.
Popularised by those habitual splitters of hairs, [[Mediocre lawyer|ISDA lawyers]], {{isdaprov|Early Termination Event}}s are circumstances giving grounds to terminate an {{isdama}} that do not speak to the moral character or unacceptable [[creditworthiness]] of the {{isdaprov|Affected Party}} (so labelled, as opposed to a {{isdaprov|Defaulting Party}}, who ''is'' such a turpitudinous wretch).


So an {{isdaprov|Illegality}}, a {{isdaprov|Force Majeure}}, a {{isdaprov|Tax Event}},  a {{isdaprov|Tax Event Upon Merger}} or a {{isdaprov|Credit Event Upon Merger}} — all these things speak to the motion of vengeful gods above our mortal heads; seismic changes beyond our gift or capacity to control, and for whose provenance we can’t be roundly blamed.
So an {{isdaprov|Illegality}}, a {{isdaprov|Force Majeure}}, a {{isdaprov|Tax Event}},  a {{isdaprov|Tax Event Upon Merger}} or a {{isdaprov|Credit Event Upon Merger}} — all these things speak to the motion of [[Force majeure|vengeful gods above our mortal heads]]; seismic changes beyond our gift or capacity to control, and for whose provenance we can’t roundly be blamed.


There again, {{isdaprov|Additional Termination Event}}s — that category of other stuff thrown in for good measure by the Credit Department, and which will foul up your negotiation for months — these are more turpitudinous and defaulty.   
There again, {{isdaprov|Additional Termination Event}}s — that category of other stuff thrown in for good measure by the [[credit]] department, and which are assured to foul up your negotiation for months — these are more naughty in their bearing, and “defaulty” — but they still roll like {{isdaprov|ATE}}s.   


In most [[master trading agreement|master trading agreements]] this kind of dancing on a pinhead is of little moment and is scarcely to be encouraged (but let a creative [[credit officer]] loose on it, and you’ll be amazed what she can come up with), but the term, volatility and net exposure one can generate under an {{isdama}} make them a little special.
In most [[master trading agreement|master trading agreements]] this kind of dancing on a pinhead is of little moment and is scarcely to be encouraged (but let a creative [[credit officer]] loose on it, and you’ll be amazed what she can come up with), but the term, volatility and net exposure one can generate under an {{isdama}} make them a little special.


And we all like to feel a little special some times, don’t we?
And we all like to feel a little special sometimes, don’t we?