ISDA Agreement definition

ISDA Agreement means any International Swaps and Derivatives Association, Inc. master agreement or any similar agreement (with all related schedules, annexes, exhibits, amendments, and confirmations), now existing or hereafter entered into by Borrower or Guarantors, as amended, modified, replaced, consolidated, extended, renewed, or supplemented from time to time.

ISDA Agreement means the 2002 ISDA Master Agreement published by the International Swaps and Derivatives Association, Inc. (“ISDA”).

ISDA Agreement means any ISDA Master Agreement at any time in existence between one or more Customers and the Metal Lender, together with the Schedule related thereto, as amended, restated, supplemented or otherwise modified from time to time.

Examples of ISDA Agreement in a sentence

• According to the First Defendant, this meant that there had not yet been a valid determination of the Close out Amount, and accordingly, in terms of the LBSF Transaction, the First Defendant was entitled to provide the Claimant with a new and revised determination.Due to the fact that this case raised issues relating to the interpretation of the 2002 ISDA Agreement, which was of general market importance, the case was listed on the Financial List of the United Kingdom.

• VALUE This case confirms that a non-defaulting party, when calculating a Close out Amount following an event of default under the 2002 ISDA Agreement, is required to act objectively reasonably and to produce an objectively commercially reasonable result, rather than just being required to act “rationally”.

• The Court rejected this argument and stated that on a true interpretation of the 2002 ISDA Agreement, the early termination and the determination of the Close out Amount were significant contractual events which affected the relationship between the parties and which were not reversible (save by agreement or by way of an order of court).

• As a result of the Claimant’s default, on 17 October 2008, the First Respondent served notice of early termination in respect of the LBSF Transaction, designating 3 November 2008 as the “early termination date” (the “Early Termination Date”).In terms of the 2002 ISDA Agreement, the First Defendant’s obligation as the non-defaulting party, was to provide the “Close out Amount” which was a calculation statement setting out the amountwhich was due by or owed to each of the parties.

• However, in this regard, a higher objective standard of reasonableness, which is analogous to the duty to take reasonable care, should be applied to the First Defendant’s decision making.The Court held that the First Defendant’s original determination, based on the UBS Replacement Transaction, did, in fact, comply with the requirements under the definition of Close out Amount in the 2002 ISDA Agreement, save for two errors in the original determination.

More Definitions of ISDA Agreement

ISDA Agreement means the 1992 ISDA Master Agreement (Multi-Currency Cross-Border) or 2002 ISDA Master Agreement, whichever is applicable;

ISDA Agreement means the 2002 ISDA Master Agreement (Multicurrency - Cross Border), as supplemented and amended by a Schedule.

ISDA Agreement means the 2002 ISDA Master Agreement as published by the International Swaps and Derivatives Association, Inc., as amended, supplemented and updated as at the Issue Date of the first Tranche of Notes.

ISDA Agreement means an ISDA Master Agreement hereafter entered into between Borrower and BOK governing hedging transactions arranged by BOK on behalf of Borrower and as to which BOK is named as the counterparty.

ISDA Agreement means the ISDA master agreement dated [DATE] made between (1) NWM and (2) the Customer.]

ISDA Agreement means the 1992 ISDA Master Agreement entered into between the relevant Hedging Party and NSCFL in respect of one or more Hedging Transactions, except that, for the purposes of this Aggregate Repricing Agreement, any Hedging Transaction shall be deemed to be governed by the 1992 ISDA Master Agreement in the form attached hereto if the relevant Hedging Party has not entered into a 1992 ISDA Master Agreement and to the extent that there is a relevant difference between the 1992 ISDA Master Agreement entered into and the form attached hereto.

ISDA Agreement means the 2002 ISDA Master Agreement as published by the International Swaps and Derivatives Association, Inc., as amended, supplemented and updated as at the Issue Date of the first Tranche of Notes of the relevant Series, unless otherwise specified in the applicable Pricing Supplement.