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Section 6 of the ISDA Master Agreement contains the provisions which enable a party to terminate transactions early if an Event of Default or Termination Event occurs in respect of the other party and set out the procedure to calculate and net the termination values of those transactions to produce a single amount payable between the parties.
The events triggering a credit derivative are defined in a bilateral swap confirmation which is a transactional document that typically refers to an International Swaps and Derivatives Association (ISDA) master agreement previously executed between the two swap counterparties. The ISDA is a global trade organization for OTC derivatives, and ...
The International Swaps and Derivatives Association (ISDA / ˈ ɪ z d ə /) is a trade organization of participants in the market for over-the-counter derivatives. It is headquartered in New York City, and has created a standardized contract (the ISDA Master Agreement) to enter into derivatives transactions.
To distinguish between the Schedule to the Master Agreement and the Credit Support Annex, the schedules are numbered as Parts and CSA are numbered as Paragraphs. To customise the requirements of an OTC Transaction, the clauses which are required are added as Paragraph 11 (for London Agreements) and as Paragraph 13 (for New York Agreements).
The ISDA [7] reported in April 2007 that total notional amount on outstanding credit derivatives was $35.1 trillion with a gross market value of $948 billion (ISDA's Website). As reported in The Times on September 15, 2008, the "Worldwide credit derivatives market is valued at $62 trillion". [8]
The facts varied between the individual appeals, but the common theme in each of them was that an Event of Default (as defined) had occurred under an ISDA Master Agreement, but the Defaulting Party (as defined) was "in the money", in the sense that if the open positions were all to be terminated, the non-Defaulting Party would have had to pay over considerable sums to the Defaulting Party to ...
Credit Suisse is a global investment bank. Stichting Vestia Groep (called "Vestia" in the judgment) is a Dutch social housing association. Credit Suisse and Vestia had entered into an ISDA Master Agreement "as of" 9 November 2010 in the 2002 form, and had then entered into various derivative transactions under that agreement.
When transactions are governed by a master agreement that includes netting-off of contract exposures, then the expected loss from a default depends on the net exposure of the whole portfolio of derivative trades outstanding under the agreement rather than being calculated on a transaction-by-transaction basis. The CVA (and xVA) applied to a new ...