An ISDA Master Agreement standardizes derivatives trading relationships, defining netting, collateral, and termination terms. This playbook assists counsel in managing counterparty risk and regulatory compliance under derivatives frameworks.
Why This Matters: Precise default provisions prevent opportunistic enforcement and ensure parties can address breaches promptly without disproportionate consequences.
Negotiation strategy
If you're the Party A:
Ensure that default events are clearly defined and include objective criteria. Advocate for reasonable cure periods to allow the borrower time to remedy defaults.
If you're the Party B:
Negotiate to limit the scope of default events to material breaches only. Seek to include cure periods and exclude minor or technical defaults.
Essential elements
1
Payment Default
Failure to make timely payments.
2
Insolvency
Inability to pay debts as due.
3
Breach of Agreement
Non-compliance with agreement terms.
Action framework
ACCEPT
Propose edits to clarify ambiguous terms and ensure cure periods are included.
EDIT
Reject clauses that allow termination for minor breaches or lack clear criteria.
ADD
Add language to specify cure periods and exclude minor breaches.
PRO TIP
Always ensure that the definition of 'material adverse change' is precise to avoid subjective interpretations.
Example clauses
FAVORABLE
Objective Default Triggers
"An Event of Default shall occur if the Borrower fails to make any payment when due and such failure is not remedied within five Business Days after notice."
NEUTRAL
Standard Default Clause
"A party becomes insolvent or is unable to pay its debts as they become due."
UNFAVORABLE
Broad Default Triggers
"Any breach of this Agreement shall constitute an Event of Default."
Fallbacks
High-Risk Projects
In high-risk projects, lenders may require more stringent default provisions to mitigate potential losses. Ensure these are balanced with reasonable cure periods.
Start-Up Financing
For start-ups, default provisions should consider the volatile nature of early-stage businesses and include flexible terms to accommodate growth challenges.
Cross-Border Transactions
In cross-border deals, consider jurisdictional differences in insolvency laws and ensure default provisions are enforceable in all relevant jurisdictions.
FEATURED SOLUTIONS
Contract Email Agent
Self-service Al for instant contract review and markups.
Never leave your inbox. Effortless contract markups and summaries—delivered straight to your inbox. No signups, no apps, no plugins, no playbooks, no delays.
Import PDF. Redline on DocJuris. Export to Word. Save a day of work.
Import locked PDFs or Word docs and get work done with our world-class contract editing platform. Track your changes and comments and export seamlessly to MS Word without the headaches of clunky add-ins.
Markup clauses in seconds. See the reasoning, stay in control.
Negotiate with confidence using DocJuris’s AI-powered suggestions. Pick a suggested action to balance or lean specific terms in favor of a party. Or, quickly make a clause mutual or simpler with a single click without the back-and-forth.
Uncover opportunities and risks in your signed contracts.
Turn your contracts into structured insights. With Repository AI, DocJuris analyzes every imported agreement—so you always know what’s expiring, auto-renewing, or exposing risk. Total visibility, zero guesswork.
Unlike complex CLMs with long implementations and steep learning curves, DocJuris is built for speed and simplicity. We integrate with your workflow—whether connecting to a CLM or uploading agreements manually—so you're up and running in days, not months.
WEEK 1
CLM Readiness and Design
Our CX team works with you to understand your contracting challenges, prioritize key workflows, and identify the biggest impact areas. We build a tailored implementation plan that fits your needs.
WEEK 2
Install Module
We connect DocJuris to your contract repositories, set up admin and user accounts, and ensure your environment is ready for success.
WEEK 3
Deliver & Test
Your team builds initial playbooks, reviews existing clause libraries, and trains the DocJuris agent to align with your internal standards and negotiation positions.
WEEK 4
Launch
We support you in rolling out DocJuris to a pilot group or your full organization—with launch materials, training, and hands-on support to drive adoption from day one.
Not another CLM
Tackle everything your team needs using existing IT without expensive consultants, outrageous user licensing fees, or complex coding. DocJuris takes on the heavy lift and delivers your requirements with its people, process, and technology.
See how DocJuris can automate your legal, procurement, and sales operations.
DocJuris is not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options,selection of forms or strategies.