In the second of this two-part article the author concludes the analysis of the Bankruptcy Event of Default definition under ISDA and real-life case studies as to when its interpretation has been problematic. This article is taken from the author’s forthcoming book Close-outs: The Law and Market Practice of OTC derivative terminations which is due to be published by LexisNexis in 2024. Part 1 was published in the February 2024 edition of JIBFL ((2024) 2 JIBFL 86).
1 MAR 2024