Cut off point in the ISDA Master Agreement

Aug 6th, 2022
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The Threshold Amount is a key feature of the Cross Default Event of Default in the ISDA Master Agreement. It is the level over which accumulated indebtedness defaults comprise an Event of Default.
The Threshold is the level of unsecured exposure each party will allow the other before any call for collateral is made. This is generally given as a fixed amount and can range from zero to X million.
The framework consists of a master agreement, a schedule, confirmations, definition booklets, and credit support documentation. The master agreement is a document agreed to between two parties that sets out standard terms that apply to all the transactions entered into between those parties.
Banks require corporate counterparties to sign an agreement to enter into swaps. Some also demand agreements for foreign exchange transactions. While the ISDA Master Agreement is standard, some of its terms and conditions are amended and defined in the accompanying schedule.
There is no regulatory capital to use an ISDA agreement. Still, it is not uncommon for institutions to set their margins and thresholds in banking. Therefore, the amount of capital you need will vary based on your industry and banking institution.
Fish or Cut Bait The concern is that a non-defaulting or non- affected party will use the existence of an Event of Default or Termination Event as an excuse to terminate the trades under the ISDA, long after the fact and after the parties have continued to perform.
Limitation of Liability IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN OR IN A GAS TRANSACTION, A PARTYS LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED.
ISDA Primary Membership is designed for international and regional banks, insurance companies, diversified financial firms, and energy and commodities firms. It currently includes over 200 large global institutions that deal in derivatives.

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