Deemed ISDA Master Agreement Clause Samples

Deemed ISDA Master Agreement. Prior to the execution by the Lender and the Borrower of the Collar Agreement, the Borrower and the Lender agree that the Transaction Acknowledgement shall supplement, form a part of, and be subject to an agreement in the form of the ISDA Master Agreement as if the Lender and the Borrower had executed an agreement in such form on the date of the Transaction Acknowledgement (without any Schedule except for (1) the election of Market Quotation and Second Method, New York law (without regard to the conflicts of law principles) as the governing law and U.S. Dollars as the Termination Currency, (2) the election that the “Cross Default” provisions of Section 5(a)(vi) of the ISDA Master Agreement will apply to the Lender and the Borrower with a “Threshold Amount” of $50,000,000, (3) the specification of the Pledge Agreement and the Parent Guarantee as Credit Support Documents in relation to the Borrower and the Guarantor as a Credit Support Provider in relation to the Borrower and (4) with an additional Event of Default (as defined under the ISDA Master Agreement) added as a new Section 5(a)(ix) of the ISDA Master Agreement in respect of which the Borrower shall be the Defaulting Party (as defined in the ISDA Master Agreement) if either of the following occurs; (A) a Collateral Event of Default as defined in the Pledge Agreement or (B) an Event of Default under this Agreement (each term used in this parenthetical but not defined in this Agreement or, if so specified, the Pledge Agreement shall have the meaning specified in the ISDA Master Agreement)).