Introduction to the ISDA Master Agreement and Negotiation Strategies (APAC)

Wednesday, June 15 to Friday, July 15, 2022
Online


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.

 

This is a pre-recorded Virtual Conference

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Recording available until July 15, 2022

 

This is an ISDA Virtual Conference:

  • This is a recording of the Introduction to the ISDA Master Agreement and Negotiation Strategies virtual conference which took place on June 15, 2022
  • Registrants will have access to the recording until 5:00 PM HKT on July 15, 2022
  • After submitting your registration you will receive a confirmation email with a link to view the documents and recording

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Wednesday, June 15, 2022

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

1:45 PM Introduction and Welcoming Remarks Monica Chiu

Monica Chiu, Senior Counsel, Asia Pacific, ISDA

1:50 PM Introduction to the 2002 ISDA Master Agreement Monica Chiu, Subramanian Natarajan, Catherine Neo, James Yao

  • Section-by-section discussion of the 2002 ISDA Master Agreement
  • Events of Default and Termination Events
  • Close-out mechanics and methodologies
  • Counterparty default management
Monica Chiu, Senior Counsel, Asia Pacific, ISDA
Subramanian Natarajan, Managing Associate General Counsel, Head of Legal for FICC, Markets, APAC, HSBC
Catherine Neo, Partner, Allen & Gledhill LLP
James Yao, Partner, Allen & Overy

3:10 PM Break

3:15 PM Negotiating the Schedule to the 2002 ISDA Master Agreement Miles Binney, Monica Chiu, Smrithi Nair, Magdalene Tan

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
  • Notice provisions
  • Process Agent; Multibranch Party; Offices
  • Calculation Agent - Possible inclusion of dispute rights
  • Guarantees
  • Credit Support Documents and Credit Support Providers
  • Elections (e.g., Governing Law, Termination Currency)
  • Netting of Payments
  • Other Provisions (e.g., Recording of Conversations)
  • Section 2(a)(iii) – conditions precedent to payment and performance
  • ISDA Clause Library

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

Miles Binney, Counsel, Clifford Chance
Monica Chiu, Senior Counsel, Asia Pacific, ISDA
Smrithi Nair, Partner, Juris Corp
Magdalene Tan, Head of Legal, South East Asia, Schroder Investment Management (Singapore) Ltd.

4:30 PM Break

4:35 PM Negotiating the Schedule to the 2002 ISDA Master Agreement (continued) Rahul Gulati, Michael Hardy, Sonal Pattnayak

Rahul Gulati, Partner, Talwar Thakore & Associates (TT&A)
Michael Hardy, Counsel, Latham & Watkins LLP
Sonal Pattnayak, Counsel, Asia Pacific, ISDA

5:35 PM ISDA Netting Opinions Linda Liu

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.

Linda Liu, Managing Director, Head of Markets Legal Asia Pacific, Barclays

6:00 PM Conference Concludes

Register Now for Introduction to the ISDA Master Agreement and Negotiation Strategies (APAC)
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Miles Binney

Counsel

Clifford Chance

Monica Chiu

Senior Counsel, Asia Pacific

ISDA

ISDAConferences

Rahul Gulati

Partner

Talwar Thakore & Associates (TT&A)

Michael Hardy

Counsel

Latham & Watkins LLP

Linda Liu

Managing Director, Head of Markets Legal Asia Pacific

Barclays

Smrithi Nair

Partner

Juris Corp

Subramanian Natarajan

Managing Associate General Counsel, Head of Legal for FICC, Markets, APAC

HSBC

Catherine Neo

Partner

Allen & Gledhill LLP

Sonal Pattnayak

Counsel, Asia Pacific

ISDA

ISDAConferences

Magdalene Tan

Head of Legal, South East Asia

Schroder Investment Management (Singapore) Ltd.

James Yao

Partner

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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For general questions, including exhibition/sponsorship opportunities, conference topics or location suggestions contact us: conferences@isda.org | +1 212-901-6000