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Results: 1-10 of 24

Supreme Court upholds secured creditor’s right to credit bid in a bankruptcy case

  • Reed Smith LLP
  • -
  • USA
  • -
  • June 4 2012

The United States Supreme Court emphatically upheld a secured creditor’s right to credit bid in bankruptcy cases

Section 2(a)(iii): the suspense continues

  • Reed Smith LLP
  • -
  • Global, United Kingdom
  • -
  • April 12 2012

Anyone with a passing knowledge of derivatives law will be aware of the controversy created by section 2(a)(iii) of the ISDA Master Agreement

Cross-affiliate netting provision in ISDA swap agreement is not enforceable against the debtor

  • Reed Smith LLP
  • -
  • USA
  • -
  • December 19 2011

The issue decided in this case is whether a cross-affiliate netting provision in an ISDA swap agreement is enforceable against a debtor in bankruptcy

Credit swap agreement ipso facto clause struck

  • Reed Smith LLP
  • -
  • USA
  • -
  • September 14 2011

Lehman Brothers Special Financing and Ballyrock entered into an ISDA Master Agreement to engage in credit swaps, in connection with which Lehman’s parent provided a guarantee

Sanctions update

  • Reed Smith LLP
  • -
  • European Union, Iran, Libya, Syria, United Kingdom, USA
  • -
  • May 13 2011

This is a two part sanctions update

ISDA Master Agreement: High Court interprets Section 2(a)(iii)

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • February 18 2011

For all of the legal difficulties which market participants are facing in light of the insolvency of Lehman Brothers, the insolvency is providing the Courts with the opportunity to pass judgment on many of the tricky provisions of the 1992 and 2002 versions of the ISDA Master Agreement (together the "Agreements"

Swaps

  • Reed Smith LLP
  • -
  • USA
  • -
  • December 1 2010

We are seeing more and more challenges by borrowers to swaps

Hedging activities result in sales factor distortion

  • Reed Smith LLP
  • -
  • USA
  • -
  • November 9 2010

Last week, Judge A. James Robertson II of the San Francisco Superior Court yet again ruled against General Mills in the ongoing saga over whether (and how) hedging transactions are included in the sales factor

ISDA MA early termination provisions are not an unenforceable penalty

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • June 25 2010

In this case, the early termination procedures of the ISDA MA were challenged as being an unenforceable penalty because they are not true liquidated damages as the requirement to reference a market price (which will invariably fluctuate significantly) makes it impossible to accurately agree the value in advance

Modification of ISDA MA terms by oral agreement

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • June 25 2010

Under the terms of Section 9(b) of the ISDA MA, any amendment must be in writing