Jurisdiction(s):
United Kingdom

Form of Notice Designating Early Termination Date after Credit or Tax Event Upon Merger or Additional Termination Event (Burdened Party not Affected) under the 2002 ISDA Master Agreement

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Notice designating an Early Termination Date following a Credit Event Upon Merger/Additional Termination Event/Tax Event Upon Merger where Burdened Party is not Affected Party [ Insert Lead-in Language ]

We hereby give notice that the following matters have occurred: [ Set out, with an appropriate level of specificity, the facts and circumstances that result in the Credit Event Upon Merger/Additional Termination Event/Tax Event Upon Merger in which the Burdened Party is not the Affected Party, and identify the Affected Transactions. Your explanation should be detailed enough and expressly linked to the relevant wording of Section 5(b) or the Additional Termination Event provision so that the counterparty can reasonably understand the basis for your determination. ]...

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Paul Cluley

As a partner in Allen & Overy's derivatives practices in Tokyo, Hong Kong and London for 20 years, Paul has worked on all aspects of derivatives and structured finance. He is particularly known for his work in contentious derivatives and terminations and is the author of the leading textbook in this area, "Close-outs: The law and market practice of OTC derivative terminations" (2024). He is also highly experienced in large corporate equity financings and derivatives, M&A of derivatives businesses, regulatory margin, repos, securities lending and repackagings....

Web page updated on 22/05/2026

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