Transfer - ISDA Provision: Difference between revisions

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{{tochead|ISDA|2002|7}}
{{tocbuilder|ISDA|2002|7}}
{{isdasnap|7|{{isdaprov|Transfer}} <br>Subject to Section {{isdaprov|6(b)(ii)}}, neither this {{isdaprov|Agreement}} nor any interest or obligation in or under this {{isdaprov|Agreement}} <br>may be transferred (whether by way of security or otherwise) by either party without the prior written consent <br>of the other party, except that: — <br>
{{isdasnap|7|{{isdaprov|Transfer}} <br>Subject to Section {{isdaprov|6(b)(ii)}}, neither this {{isdaprov|Agreement}} nor any interest or obligation in or under this {{isdaprov|Agreement}} <br>may be transferred (whether by way of security or otherwise) by either party without the prior written consent <br>of the other party, except that: — <br>
:(a) a party may make such a transfer of this Agreement pursuant to a consolidation or amalgamation <br>with, or merger with or into, or transfer of all or substantially all its assets to, another entity (but without <br>prejudice to any other right or remedy under this {{isdaprov|Agreement}}); and <br>
:(a) a party may make such a transfer of this Agreement pursuant to a consolidation or amalgamation <br>with, or merger with or into, or transfer of all or substantially all its assets to, another entity (but without <br>prejudice to any other right or remedy under this {{isdaprov|Agreement}}); and <br>

Revision as of 17:20, 13 July 2012

7 Transfer

In gory detail

1992 ISDA
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.

(view template)

2002 ISDA
7 Transfer
Subject to Section 6(b)(ii) and to the extent permitted by applicable law, 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:―

7(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
7(b) a party may make such a transfer of all or any part of its interest in any Early Termination Amount payable to it by a Defaulting Party, together with any amounts payable on or with respect to that interest and any other rights associated with that interest pursuant to Sections 8, 9(h) and 11.

Any purported transfer that is not in compliance with this Section 7 will be void.

(view template)