Introduction
The High Court1 in England has confirmed the validity under English law of contractual provisions common in structured finance transactions which subordinate payments to a swap counterparty in circumstances where the swap counterparty has defaulted on its obligations under the terms of the relevant swap agreement.
The Judgment
Parties
United Kingdom, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Cadwalader Wickersham & Taft LLP, Bankruptcy, Collateral (finance), Security (finance), Swap (finance), Standing (law), Default (finance), Lehman Brothers, Title 11 of the US Code, Insolvency Act 1986 (UK)