Waiting Period - ISDA Provision: Difference between revisions
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Latest revision as of 10:44, 22 June 2023
2002 ISDA Master Agreement A Jolly Contrarian owner’s manual™ Waiting Period in all its glory
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Overview
There is no “Waiting Period” in the 1992 ISDA. ISDA’s crack drafting squad™ introduced it in the 2002 ISDA with the arrival of Force Majeure, and liked it so much they extended it to Illegality.
Summary
The point of Waiting Period is, for potential scenarios that might wind up justifying termination later, but you don’t yet know that, to build in a period to wait and see. For Illegality events (Section 5(b)(i)) is three Local Business Days — it is not so likely that an Illegality will sort itself out; for a Force Majeure Event (5(b)(ii) — where insh’Allah, things will come right and everyone can eventually go back to what they were doing, it is eight Local Business Days.
Waiting Periods — as defined in the ISDA Master Agreement also sometimes show up sometimes in other booklets — for example, ISDA’s Emissions Annex.
Through the good offices of Section 5(d), payments and deliveries which otherwise would be due during a Waiting Period are suspended.
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- The JC’s famous Nutshell™ summary of this clause
- Waiting Period as a further source of indeterminacy around Section 2(a)(iii)
See also
- Section 5(d) and what to do if you have an Illegality or a Force Majeure Event