ISDA Master Agreement Notice

The ISDA Master Agreement Notice is a document that serves as a formal notice of default to the counterparty in a contractual agreement. It is an important document as it notifies the counterparty of their failure to comply with the terms of the agreement and outlines the consequences of such failure.

 

The document begins with the account job company's information, including their address and contact details. It is addressed to the party 1 contact and is dated with the current date. The letter starts by stating that it is a notice of default under the ISDA Master Agreement, which was entered into between the account job company and the counterparty.

 

The letter highlights the specific breach or failure that has occurred and informs the counterparty that they have a deadline to remedy the failure. If the counterparty fails to remedy the breach within the specified timeframe, an event of default will occur under section 5(a)(ii) of the agreement. This breach of agreement allows the account job company to designate an early termination date for all transactions under section 6 of the agreement.

 

Additionally, the letter mentions that the counterparty's failure to breach is a potential event of default under section 2(a)(iii) of the agreement. As a result, the account job company has the right to suspend all payments and deliveries specified in the relevant confirmations immediately.

 

The notice is sent by courier during normal business hours, in accordance with section 12(a) of the agreement. It is stated that the notice will be deemed effective on the day it is sent. The letter concludes by stating that it is not a waiver of any rights the account job company may have under the agreement and that the company reserves all rights and remedies at law, equity, or under the agreement or elsewhere. It includes the transaction reference and is signed by the account job company's name and title.

How to use this document?

1. Provide information: Start by filling in the account job company's information, including their address and contact details.

2. Address the counterparty: Address the letter to the party 1 contact and include the current date.

3. State the purpose: Clearly state that the letter is a notice of default under the ISDA Master Agreement.

4. Specify the breach: Clearly state the specific breach or failure that has occurred.

5. Set a deadline: Inform the counterparty that they have a deadline to remedy the breach, specifying the timeframe.

6. Explain the consequences: Explain that if the breach is not remedied within the specified timeframe, an event of default will occur under section 5(a)(ii) of the agreement.

7. Mention early termination: Inform the counterparty that the account job company will be entitled to designate an early termination date for all transactions under section 6 of the agreement.

8. Highlight potential event of default: Mention that the counterparty's failure to breach is a potential event of default under section 2(a)(iii) of the agreement.

9. Notify suspension of payments and deliveries: Inform the counterparty that the account job company has the right to suspend all payments and deliveries specified in the relevant confirmations immediately.

10. Send the notice: Send the notice by courier during normal business hours, in accordance with section 12(a) of the agreement.

11. Clarify effectiveness: State that the notice will be deemed effective on the day it is sent.

12. Preserve rights and remedies: Conclude the letter by stating that it is not a waiver of any rights the account job company may have under the agreement and that the company reserves all rights and remedies at law, equity, or under the agreement or elsewhere.

13. Include transaction reference: Include the transaction reference in the letter.

14. Sign the letter: Sign the letter with the account job company's name and title.