Introduction to the ISDA Master Agreement and Negotiation Strategies

Friday, May 21, 2021
Online

Member US$275.00

Non-Member US$325.00

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This conference will explain the main provisions in the ISDA 2002 Master Agreement and Schedule and discuss key terms that firms typically negotiate. The conference will be useful for delegates who work with these documents and negotiate various terms with different counterparties by helping them to understand the provisions of the documentation at a detailed level and issues to consider, as well as to understand the relevance of the ISDA netting opinions to such negotiations.

 

Registration for this event will close 2 hours before the live broadcast

 

This is an ISDA Virtual Conference:

  • Event will be live on Friday, May 21, 2021 from 9:00 AM – 12:45 PM HKT/SGT  |  Timezone Converter
  • Miss part of the event or aren’t able to watch live? The recording will be available to registrants until June 21, 2021

 

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Friday, May 21, 2021

Print Agenda Introduction to the ISDA Master Agreement and Negotiation Strategies for

9:00 AM Introduction and Welcoming Remarks Monica Chiu

Monica Chiu, Senior Counsel, Asia Pacific, ISDA

9:05 AM Introduction to the 2002 ISDA Master Agreement Jonathan Chapman, Vivien Jin, James Yao

An overview of the key sections of the 2002 ISDA Master Agreement.

Jonathan Chapman, Partner, Ashurst
Vivien Jin, Assistant GC & Director, Bank of America
James Yao, Of Counsel, Allen & Overy

10:05 AM Break

10:10 AM Negotiating the Schedule to the 2002 ISDA Master Agreement Max Allan, Monica Chiu, Michael Hardy, Sonia Lim

This session will focus on key issues that firms typically focus on as when negotiating the Schedule to the 2002 Master Agreement including:

  • Specified Entities for 5(a)(v), 5(a)(vi), 5(a)(vii) and 5(b)(iv)
  • Expansions and contractions of defined terms (e.g., Specified Transactions, Specified Indebtedness)
  • Cross Default vs cross-acceleration and Threshold Amounts Credit Event Upon Merger
  • Automatic Early Termination
  • Additional Termination Events – what are these events and why do parties include these? (e.g., ratings downgrades, Net Asset Value triggers, Keyman clauses, financing transaction events)
  • Limitations on rights to designate an Early Termination Date or suspend payments
  • Payer and Payee Tax Representations
  • Agreement to Deliver Documents
    ○   What types of documents do parties request?
    ○   The timing of delivery
  • Multibranch Party; Offices
  • Process Agent
  • Calculation Agent - Possible inclusion of dispute rights
  • FATCA and 871(m) provisions
  • Credit Support Documents and Credit Support Providers
  • Elections (e.g., Governing Law, Termination Currency)
  • Netting of Payments
  • Other Provisions (e.g., Waiver of Jury Trial, Recording of Conversations)
  • Scope of Agreement
  • Transfer – Considerations for modifying Section 7
  • Section 2(a)(iii) – conditions precedent to payment and performance
  • Additional Representations
  • Amending Master Agreements by an ISDA Protocol

The speakers will also highlight negotiation points to be considered for buy-side users of the ISDA Master Agreement and firms dealing with them.

Max Allan, Partner, King & Wood Mallesons
Monica Chiu, Senior Counsel, Asia Pacific, ISDA
Michael Hardy, Counsel (Registered Foreign Lawyer (England & Wales)), Latham & Watkins LLP
Sonia Lim, Counsel, Linklaters
Additional Speakers to be Announced.

11:10 AM Break

11:15 AM Negotiating the Schedule to the 2002 ISDA Master Agreement (continued)

12:15 PM ISDA Netting Opinions

In this session, the speaker will provide an introduction to the netting opinions that ISDA publishes in relation to the ISDA Master Agreements and consider the key issues that they address.

Speakers to be Announced.

12:45 PM Conference Concludes

Agenda is subject to change.

Register Now for Introduction to the ISDA Master Agreement and Negotiation Strategies
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Max Allan

Partner

King & Wood Mallesons

Jonathan Chapman

Partner

Ashurst

Monica Chiu

Senior Counsel, Asia Pacific

ISDA

ISDAConferences

Michael Hardy

Counsel (Registered Foreign Lawyer (England & Wales))

Latham & Watkins LLP

Vivien Jin

Assistant GC & Director

Bank of America

Sonia Lim

Counsel

Linklaters

James Yao

Of Counsel

Allen & Overy

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Registration fee is for one person to attend the entire event. Pass may not be split between multiple attendees.

Groups of three or more attendees from the same firm can receive a 20% discount on event registrations. Groups must be registered together, in advance of the event. To register your group, please email conferences@isda.org.

Member US$275.00

Non-Member US$325.00

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Introductory

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