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Included is a gross-up obligation for certain "Indemnifiable Taxes". This interlocks with other provisions in the ISDA Master Agreement, such as the taxation representations contained in ss 3(e) and 3(f), undertakings in ss 4(a) and 4(d), and termination events in ss 5(b)(ii) and 5(b)(iii).
The International Swaps and Derivatives Association (ISDA / ˈ ɪ z d ə /) is a trade organization of participants in the market for over-the-counter derivatives.. It is headquartered in New York City, and has created a standardized contract (the ISDA Master Agreement) to enter into derivatives transactions.
The events triggering a credit derivative are defined in a bilateral swap confirmation which is a transactional document that typically refers to an International Swaps and Derivatives Association (ISDA) master agreement previously executed between the two swap counterparties. The ISDA is a global trade organization for OTC derivatives, and ...
To distinguish between the Schedule to the Master Agreement and the Credit Support Annex, the schedules are numbered as Parts and CSA are numbered as Paragraphs. To customise the requirements of an OTC Transaction, the clauses which are required are added as Paragraph 11 (for London Agreements) and as Paragraph 13 (for New York Agreements).
Lomas v JFB Firth Rixson Inc [2012] EWCA Civ 419 (3 April 2012) is the name of a series of co-joined appeals heard by the English Court of Appeal in relation to the efficacy of certain provisions under the standard form ISDA Master Agreement (1992 form). [1]
For example, the ISDA 2002 master agreement utilises contingent obligations, set-off, and legal personality to reduce the liabilities of non-defaulting parties in the event of default. [48] The effect of Clause 2(a)(iii) of the ISDA agreement is to suspend the payment obligations of parties until the event of default has been cured. Such a cure ...
Credit Suisse is a global investment bank. Stichting Vestia Groep (called "Vestia" in the judgment) is a Dutch social housing association. Credit Suisse and Vestia had entered into an ISDA Master Agreement "as of" 9 November 2010 in the 2002 form, and had then entered into various derivative transactions under that agreement.
In derivatives transactions governed by International Swaps and Derivatives Association (ISDA) standard documentation, it is common for the ISDA Master Agreement to be governed by the laws of New York state, and for the Credit Support Annexe to be governed by English law. This is because the provisions of English law relating to title transfer ...