Credit event overview
Credit event overview
Foreword
Preface
A credit default swap snapshot
Parties and key players
Documentation and standard trading conventions
Credit risk period, scheduled termination date and termination date
Fixed amounts, floating rate payer calculation amount and initial payment amount
Qualifying guarantee and qualifying affiliate guarantee
Reference obligation
Subordination and the senior non-preferred supplement
Outstanding principal balance and due and payable amount
Obligations and deliverable obligations
Credit event overview
Bankruptcy
Failure to pay
Repudiation/moratorium
Restructuring and redenomination
Governmental intervention and contingent convertible capital instruments
Successor determinations
Publicly available information and eligible information
Notices
Business day terms and timing rules
Event determination date and settlement methods
Auction settlement
Cash settlement
Physical settlement
Physical settlement fallback procedures
Orphaning
Fixed recovery transaction and reference obligation only trade
Novation and early termination
Economic sanctions: compliance challenges
Disclosures and regulations
Conclusion: at the ‘Exit Checkpoint’
Appendix
References
11.1 INTRODUCTION
The previous chapters examined the technical aspects associated with the structural features of a CDS, and the risks arising therefrom. Our expedition now migrates to contingent events, namely credit events, which give rise to settlement under a transaction and successor determinations.
This chapter begins with an outline of the credit events that are contemplated under the 2014 ISDA Credit Derivatives Definitions (henceforth the “2014 Definitions”; see International Swaps and Derivatives Association Inc. 2014b) and sets out some considerations that need to be taken into account where a deviation from the standard trading conventions may be necessary for a particular transaction. The importance of a reference entity’s legal name, interpretation challenges in the context of credit event determinations and the impact of insufficient information to evidence a credit event are also highlighted. The common terminology used within the definition of certain credit events, and the “seller risk provision” that allocates non-credit-related risks to a seller, are also examined to set the background for the discussions in subsequent chapters. At the end of the chapter
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