September 21, 2020

Volume X, Number 265

September 18, 2020

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Prioritize Monitoring Financial Contracts

Many counterparties are dealing with the impact of market volatility, unprecedented margin calls and the combined  effects on their financial contracts, many of which are active master agreements executed years ago. It is important to check for terms like, “may” verses “shall”, applicable notice requirements and cure periods associated with default triggers and finally, the broad scope of cross default triggers. Stay proactive and if you are unsure about your rights, or ability to amend certain terms, consult with your counsel. During extreme volatility, the finance industry should consult with counsel early in the process rather than wait for suits to be filed.

©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume X, Number 106

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About this Author

Nanette Aguire, Greenberg Traurigh Law Firm, New York, Finance Law Attorney
Shareholder

Nanette Aguirre concentrates on derivatives and structured products. Her experience includes negotiating all forms of international derivative (ISDA), trading and prime brokerage agreements with global institutions. Additionally, she regularly advises on regulatory issues affecting the derivatives market, including without limitation, Dodd Frank and related cross border regulation.

She has structured and negotiated finance and derivative transactions (including Indian and Chinese swaps, and generally, credit and fund-linked derivatives, loan,...

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