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Insights on Derivatives: Surviving Insolvency – Another chapter for LBIE Swaps (October 2022)

Previous Calls

In a recent English High Court decision, it was held that Lehman's insolvency will shortly cease to be "continuing" for the purposes of Section 2(a)(iii) of the ISDA Master Agreement. This may mean that payments owed to Lehman but suspended by the operation of section 2(a)(iii) of the ISDA Master Agreement will again become due for payment, more than fourteen years after Lehman's collapse. On this call, the panel outlined the (rather unusual) circumstances of the case, discussed the key points of the judgment and considered the potential implications for the interpretation of the ISDA Master Agreement.

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