News & Analysis as of

International Swaps and Derivatives Association Force Majeure Clause

Morrison & Foerster LLP

ISDA Amendments to Master Agreement Relating to Default Notice Provision and Characterisation of Credit Support Annexes

As a response to member feedback relating to the COVID-19 pandemic and following a period of consultation with its members beginning in 2022, the International Swaps and Derivatives Association (ISDA) has published a number...more

Paul Hastings LLP

Amendments to ISDA MA's Notices Provision and Treatment of CSAs

Paul Hastings LLP on

The International Swaps and Derivatives Association, Inc. (“ISDA”) has published a form of amendments to the Notices provision and the alignment of treatment of English law and New York law governed Credit Support Annexes...more

Katten Muchin Rosenman LLP

Hope for the Best but Prepare for the Worst — Steps to Take If You are Worried About the Effects of the Pandemic on Your ISDA...

The unprecedented havoc wreaked on world economies by COVID-19 has put all manner of entities under financial stress. If some of those entities are your counterparties to swaps under either the 1992 ISDA Master Agreement or...more

Katten Muchin Rosenman LLP

Part II: Force Majeure Clauses and Physically Settled Power Hedges Under the ISDA North American Power Annex

Key Points - - The ISDA Power Annex has special provisions dealing with Force Majeure - These special provisions trump the Force Majeure provisions in the 2002 ISDA Master Agreement - The Power Annex definition of...more

Polsinelli

COVID-19 Pandemic – Issues Relating to Interest Rate Hedges for Real Estate and Other Loan Borrowers

Polsinelli on

Borrowers under variable rate commercial loans commonly enter into interest rate hedge agreements to eliminate or reduce their exposure to the interest rate risk of their variable debt service obligations. ...more

Katten Muchin Rosenman LLP

Force Majeure Clauses and Financially Settled Transactions Under the ISDA Master Agreement

Key Points - - The 2002 ISDA Master Agreement has a force majeure clause, but the 1992 ISDA Master does not. - A force majeure defense is unavailable unless payment/delivery is actually prevented. - Under a Force...more

Hogan Lovells

Derivative considerations for end-users in times of disruption

Hogan Lovells on

The coronavirus COVID-19 is causing disruption across many business contexts and it would be prudent to do a check of your contractual obligations to determine if there are any consequences of the current disruption. While...more

Kramer Levin Naftalis & Frankel LLP

COVID-19 Implications for the OTC Derivatives Markets

With the continuing spread of the COVID-19 pandemic across the globe, its full implications remain unknown. For OTC derivatives market participants, COVID-19 raises a number of considerations that firms should take into...more

A&O Shearman

COVID-19: Derivatives Implications

A&O Shearman on

The outbreak of the novel coronavirus COVID-19 has implications for derivatives contracts. For example, some companies are asserting that the reported disruptions in the global supply-chain and travel restrictions constitute...more

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