Transaction - ISDA Provision

ISDA Anatomy™
incorporating our exclusive ISDA in a Nutshell™

In a Nutshell™ Section preamble:

2002 ISDA Master Agreement
between
[SPECIFY] and [SPECIFY]

will enter into “Transactions” governed by this Agreement, the Schedule, and a Confirmation. This Agreement and the Schedule together comprise the “Master Agreement”.
The parties agree as follows:―
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2002 ISDA full text of Section preamble:

ISDA ®

International Swaps and Derivatives Association, Inc.

2002 MASTER AGREEMENT

Dated as of ……………………

…………………… (“Party A”) and ………………… (“Party B”)

have entered and/or anticipate entering into one or more transactions (each a “Transaction”) that are or will be governed by this 2002 Master Agreement, which includes the schedule (the “Schedule”), and the documents and other confirming evidence (each a “Confirmation”) exchanged between the parties or otherwise effective for the purpose of confirming or evidencing those Transactions. This 2002 Master Agreement and the Schedule are together referred to as this “Master Agreement”.
Accordingly, the parties agree as follows:―
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Click here for the text of Section preamble in the 1992 ISDA

Index: Click ᐅ to expand:

ISDA

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The Varieties of ISDA Experience
Subject	2002 (wikitext)	1992 (wikitext)	1987 (wikitext)
Preamble	Pre	Pre	Pre
Interpretation	1	1	1
Obligns/Payment	2	2	2
Representations	3	3	3
Agreements	4	4	4
EODs & Term Events	5 Events of Default FTPD • Breach • CSD • Misrep • DUST • Cross Default • Bankruptcy • MWA Termination Events Illegality • Tax Event • TEUM • CEUM • ATE •	5 Events of Default FTPD • Breach • CSD • Misrep • DUST • Cross Default • Bankruptcy • MWA Termination Events Illegality • Tax Event • TEUM • CEUM • ATE •	5 Events of Default FTPD • Breach • CSD • Misrep • DUST • Cross Default • Bankruptcy • MWA Termination Events Illegality • FM • Tax Event • TEUM • CEUM • ATE •
Early Termination	6 Early Termination ET right on EOD • ET right on TE • Effect of Designation • Calculations	6 Early Termination ET right on EOD • ET right on TE • Effect of Designation • Calculations • Set-off	6 Early Termination ET right on EOD • ET right on TE • Effect of Designation • Calculations • Set-off
Transfer	7	7	7
Contractual Currency	8	8	8
Miscellaneous	9	9	9
Offices; Multibranch Parties	10	10	10
Expenses	11	11	11
Notices	12	12	12
Governing Law	13	13	13
Definitions	14	14	14
Schedule	Schedule	Schedule	Schedule
Termination Provisions	Part 1	Part 1	Part 1
Tax Representations	Part 2	Part 2	Part 2
Documents for Delivery	Part 3	Part 3	Part 3
Miscellaneous	Part 4	Part 4	Part 4
Other Provisions	Part 5	Part 5	Part 5

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What exactly counts as a Transaction under an ISDA Master Agreement is a matter of some moment, because it will determine what you need to take into account when applying close-out netting, and (unless you’ve specified a narrower range of Covered Transactions) the values you need to calculate when making collateral calls under a 1995 CSA.

Unusually, for a document so outrageously verbose in most other respects, the ISDA Master Agreement has little to say on the subject, the 1992 ISDA leaving it entirely to the preamble:

... one or more transactions (each a “Transaction”) that are or will be governed by this Master Agreement.

And the 2002 ISDA not going much further.

...“Transaction” has the meaning specified in the preamble.

The 2002 ISDA Equity Derivatives Definitions also define “Transaction”, to no apparent point.

Netting

These are the types of transaction that are contemplated for netting purposes in the ISDA opinion (for England)