Transfer - 1992 ISDA Provision

From The Jolly Contrarian
Jump to navigation Jump to search

1992 ISDA Master Agreement
A Jolly Contrarian owner’s manual™

Resources and navigation

Section 7 in a Nutshell

Use at your own risk, campers!

Full text of Section 7

7 Transfer Subject to Section 6(b)(ii), neither this Agreement nor any interest or obligation in or under this Agreement may be transferred (whether by way of security or otherwise) by either party without the prior written consent of the other party, except that: —
(a) a party may make such a transfer of this Agreement pursuant to a consolidation or amalgamation with, or merger with or into, or transfer of all or substantially all its assets to, another entity (but without prejudice to any other right or remedy under this Agreement); and
(b) a party may make such a transfer of all or any part of its interest in any amount payable to it from a Defaulting Party under Section 6(e).
Any purported transfer that is not in compliance with this Section will be void.

Related agreements and comparisons

Related Agreements
Click here for the text of Section 7 in the 2002 ISDA
Click to compare this section in the 1992 ISDA and 2002 ISDA.

Comments? Questions? Suggestions? Requests? Insults? We’d love to 📧 hear from you.
Sign up for our newsletter.

Content and comparisons

Template:M comp disc 1992 ISDA 7



Section 7 ought to head off the temptation felt, for example, by legal eagles who should come to be handling novations in years to come to insert laborious representations and warranties that neither party has assigned any of its obligations — but knowing the sorts of legal eagles who usually get assigned to such thrilling tasks, it won’t. Nor will the fact that the 2004 ISDA Novation Definitions includes that representation. Sigh.


See also

Template:M sa 1992 ISDA 7