ISDA Virtual Conference: ISDA Master Agreement: Negotiation Strategies

Thursday, July 23, 2020
Online


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

 

This conference will focus on key issues that firms typically negotiate in the ISDA 2002 Master Agreement. 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 discuss key negotiated terms and issues.

 

This is an ISDA Virtual Conference:

  • Event will be live on July 23, 2020 from 9:00 AM – 12:40 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 August 23, 2020

The conference will be broadcast via GoToWebinar. Please click here to check your system requirements to ensure you are able to join this event: https://support.goto.com/webinar/system-check-attendee

 

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Thursday, July 23, 2020

Print Agenda ISDA Virtual Conference: ISDA Master Agreement: Negotiation Strategies for

9:00 AM Introduction and Welcome Remarks Monica Chiu

Monica Chiu, Senior Counsel, ISDA

9:05 AM Introduction to the 2002 ISDA Master Agreement Joyce Lai, Sonia Lim

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

Joyce Lai, Head of Legal and Compliance-Treasury & Markets, DBS Bank Ltd.
Sonia Lim, Counsel, Linklaters

9:50 AM Break

10:00 AM Negotiating the Schedule to the 2002 ISDA Master Agreement Max Allan, Monica Chiu

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, ISDA

10:45 AM Break

10:50 AM Negotiating the Schedule to the 2002 ISDA Master Agreement (continued) I-Ping Soong, Christopher Whiteley, James Yao

I-Ping Soong, Counsel, Capital Markets, Linklaters
Christopher Whiteley, Partner, Ashurst
James Yao, Of Counsel, Allen & Overy

11:50 AM Break

11:55 AM Negotiating the Schedule to the 2002 ISDA Master Agreement (continued) Francis Edwards, Shabeen Raza

Francis Edwards, Partner, Clifford Chance
Shabeen Raza, Head Financial Markets Contracts Legal ASA, Standard Chartered Bank

12:40 PM Conference Concludes

Agenda is subject to change.

Register Now for ISDA Virtual Conference: ISDA Master Agreement: Negotiation Strategies
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Max Allan

Partner

King & Wood Mallesons

Monica Chiu

Senior Counsel

ISDA

ISDAConferences

Francis Edwards

Partner

Clifford Chance

Clifford_Chance

Joyce Lai

Head of Legal and Compliance-Treasury & Markets

DBS Bank Ltd.

Sonia Lim

Counsel

Linklaters

Shabeen Raza

Head Financial Markets Contracts Legal ASA

Standard Chartered Bank

I-Ping Soong

Counsel, Capital Markets

Linklaters

Christopher Whiteley

Partner

Ashurst

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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