Early termination of derivatives

Copyright © 2025 LexisNexis

This Overview is a guide to the Banking & Finance content within the Early termination of derivatives subtopic, with links to appropriate materials.

Terminating derivatives early

Section 6 (Early Termination) of the ISDA Master Agreement sets out the consequences of an occurrence of an Event of Default or Termination Event as described in Section 5 (Events of Default and Termination Events) of the ISDA Master Agreement. In short, the difference between an Event of Default and a Termination Event is that in an Event of Default, there is a party that can be blamed, whereas generally in a Termination Event, the event just happened or was outside a party's control.

Section 6 also sets out how the close out netting mechanism operates following the occurrence of an Event of Default or Termination Event.

For more information on Section 6 generally, see Practice Note: Scope of the ISDA Master Agreement—Section 6 (Early Termination).

There are differences between the 1992 ISDA Master Agreement and the 2002 ISDA Master Agreement as to how payments are made on an early termination of derivatives. These differences are set out in more detail

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Banking & Finance News

Banking and Finance weekly highlights—17 July 2025

This week's edition of Banking and Finance weekly highlights includes: (1) FCA publishes final stripped-back rules to help companies raise capital and boost growth; (2) analysis in the Vietjet Aviation Joint Stock Company case which examined the importance of ensuring that the security document clearly states whether the lender may exercise assigned rights prior to the security becoming enforceable; and (3) ISDA launches Notices Hub and protocol to streamline delivery and receipt of critical notices.

FCA issues Primary Market Bulletin 56

The Financial Conduct Authority (FCA) has issued Primary Market Bulletin 56. The bulletin outlines the FCA’s use of transaction and position data to monitor compliance with reporting obligations under the UK Market Abuse Regulation (UK MAR), including directors’ dealings. It highlights enforcement action taken against a former Person Discharging Managerial Responsibilities (PDMR) at Wizz Air Holdings Plc, who failed to notify 115 transactions, including trades during closed periods, resulting in a £123,500 fine. The bulletin also reminds issuers of the upcoming expiry on 29 July 2025 of transitional provisions under the UK Listing Rules (UKLR), including those for inflight applicants and shell companies and the need to ensure compliance with eligibility and operational requirements. Issuers are also reminded to provide up-to-date contact details as required. In addition, the FCA has announced plans to enhance the National Storage Mechanism and launched a user survey to support improvements to data accessibility.

ESMA defers changes to disclosure framework for private securitisations

The European Securities and Markets Authority (ESMA) has published a Feedback Statement summarising responses to its February 2025 consultation on a simplified disclosure template for private securitisations under Article 7 of the Securitisation Regulation (Regulation (EU) 2017/2402). The proposed template aimed to reduce reporting complexity and to better reflect the bilateral nature of private transactions. While stakeholders generally supported the objective of simplification, most respondents advised against proceeding with the amendments at this stage, citing the ongoing review of the Level 1 framework and the risk of regulatory misalignment. ESMA has therefore decided to defer any changes to the technical standards until key concepts under Level 1 are clarified.

ISDA launches Notices Hub and protocol to streamline delivery of critical notices

The International Swaps and Derivatives Association (ISDA) has launched the ISDA Notices Hub and the ISDA 2025 Notices Hub Protocol to provide a digital alternative for delivering time-sensitive notices under the ISDA Master Agreement. The initiative is intended to support more efficient and reliable delivery of termination notices and waivers, particularly in circumstances where physical delivery may be delayed or impractical. The ISDA Notices Hub, developed in collaboration with S&P Global Market Intelligence, is a secure online platform that facilitates the exchange of critical notices and centralises address updates. The accompanying protocol enables firms to amend their documentation to allow use of the Hub, with 79 entities having adhered at launch. The platform is available at no cost to buy-side firms, with discounted access for dealers during the initial period. Features include automated notifications and a single-entry system for updating delivery details across agreements.

View Banking & Finance by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Total return swaps

Total return swapsWhat is a total return swap?A total return (or total rate of return) swap (TRS) is derivative contract in which one counterparty transfers the total economic performance, including income from interest and fees, gains and losses from price movements, and credit losses, of a

ISDA Credit Support Annex: security interest—New York law

ISDA Credit Support Annex: security interest—New York lawUse of the Annex with ISDA Master Agreement and Schedule—the obligation to post collateralBy comparison to the English law Credit Support Annex (CSA) to the ISDA Master Agreement, the New York law CSA makes provision for liabilities to be

Terminating derivatives entered into under an ISDA Master Agreement

Terminating derivatives entered into under an ISDA Master AgreementHow to terminate a derivative transaction that is governed by an ISDA Master Agreement?If an ISDA contract is going to be terminated, it is important to ensure that the terms of the ISDA Master Agreement that relate to termination

ISDA and FIA Cleared Derivatives Execution Agreement and Addendum

ISDA and FIA Cleared Derivatives Execution Agreement and AddendumClearing requirements have brought about significant changes to derivatives documentation. While uncleared derivatives continue to be governed by an International Swaps and Derivatives Association (ISDA) Master Agreement and a Credit
Total return swaps

Total return swaps

Total return swapsWhat is a total return swap?A total return (or total rate of return) swap (TRS) is derivative contract in which one counterparty transfers the total economic performance, including income from interest and fees, gains and losses from price movements, and credit losses, of a

ISDA Credit Support Annex: security interest—New York law

ISDA Credit Support Annex: security interest—New York law

ISDA Credit Support Annex: security interest—New York lawUse of the Annex with ISDA Master Agreement and Schedule—the obligation to post collateralBy comparison to the English law Credit Support Annex (CSA) to the ISDA Master Agreement, the New York law CSA makes provision for liabilities to be

Terminating derivatives entered into under an ISDA Master Agreement

Terminating derivatives entered into under an ISDA Master Agreement

Terminating derivatives entered into under an ISDA Master AgreementHow to terminate a derivative transaction that is governed by an ISDA Master Agreement?If an ISDA contract is going to be terminated, it is important to ensure that the terms of the ISDA Master Agreement that relate to termination

ISDA and FIA Cleared Derivatives Execution Agreement and Addendum

ISDA and FIA Cleared Derivatives Execution Agreement and Addendum

ISDA and FIA Cleared Derivatives Execution Agreement and AddendumClearing requirements have brought about significant changes to derivatives documentation. While uncleared derivatives continue to be governed by an International Swaps and Derivatives Association (ISDA) Master Agreement and a Credit