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    Netting and subordination - British Virgin Islands
    2011-01-14

    The Insolvency Act 2003 of the British Virgin Islands (the “IA”) provides that the netting of financial contracts is legally enforceable notwithstanding any provisions of the IA or the Insolvency Rules. Significantly, this means that where an insolvent entity that is party to a financial contract goes into liquidation, what might otherwise be a voidable transaction will be upheld if carried out pursuant to a netting agreement.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Ogier, Credit (finance), Option (finance), Swap (finance), Futures contract, Debt, Liquidation, Credit derivative
    Location:
    British Virgin Islands
    Firm:
    Ogier
    Margin requirements for OTC derivatives - The final draft of the Joint Standard?
    2019-04-23

    On 8 April 2019, the South African Financial Sector Conduct Authority and Prudential Authority (collectively, the “Authorities”) published yet another draft of the Joint Standard on Margin Requirements for Non-Centrally Cleared OTC Derivatives (the “Margin Requirements”). The last draft had been published in August 2018.

    Filed under:
    South Africa, Capital Markets, Derivatives, Insolvency & Restructuring, ENS, Credit derivative, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Kelle Gagné
    Location:
    South Africa
    Firm:
    ENS
    ISDA will publish auction protocol for the settlement of credit derivatives referencing Smurfit-Stone Consolidated Enterprises, Inc.
    2009-01-27

    On Monday, the International Swaps and Derivatives Association, Inc. (ISDA) announced that it will issue a CDS auction protocol regarding the settlement of credit derivatives that reference Smurfit-Stone Consolidated Enterprise Inc. The protocol is a response to Smurfit-Stone’s recent filing for reorganization under Chapter 11 in the US Bankruptcy Court in Wilmington, Delaware.  

    Filed under:
    Global, Derivatives, Insolvency & Restructuring, Alston & Bird LLP, Voting, Communications protocol, Credit derivative, Credit default swap, International Swaps and Derivatives Association
    Location:
    Global
    Firm:
    Alston & Bird LLP
    Short-Squeeze Risks Loom Again in CDS Markets
    2019-01-11

    In Short:

    The Situation: Fears of a potential short-squeeze in the upcoming Sears CDS auction have kicked off disputes in a variety of venues.

    The Result: One of these disputes caused the fourth-ever convening of an ISDA CDS Determinations Committee external review panel and another made its way before the Sears bankruptcy court.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Jones Day, Credit derivative, Credit default swap, International Swaps and Derivatives Association
    Authors:
    George J. Cahill , Locke R. McMurray , Jayant W. Tambe
    Location:
    USA
    Firm:
    Jones Day
    Hedge fund and its partner and lawyer fail on motion to dismiss for breach of fiduciary duty
    2014-10-05

    A case against a hedge fund, and one of its partners and in-house counsel, related to actions at a portfolio company and alleging breach of fiduciary duties survived a motion to dismiss.  The portfolio company, alleged to be insolvent, was a credit derivative product company that had a subsidiary that wrote credit default swaps.

    Filed under:
    USA, Capital Markets, Derivatives, Insolvency & Restructuring, Litigation, Stinson LLP, Breach of contract, Fiduciary, Hedge funds, Credit derivative
    Authors:
    Stephen M. Quinlivan
    Location:
    USA
    Firm:
    Stinson LLP
    Delaware Chancery Court holds that creditor plaintiffs in derivative suits may satisfy standing requirement by showing corporation’s insolvency at time of suit, regardless of later solvency
    2015-05-26

    In Quadrant Structured Products Co., Ltd. v. Vertin, C.A. No. 6990-VCL, 2015 WL 2062115 (Del. Ch.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Shareholder, Standing (law), Credit derivative, Delaware Court of Chancery
    Authors:
    John P. Stigi III , Andrea N. Feathers
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Netting and subordination - British Virgin Islands
    2011-01-14

    The Insolvency Act 2003 of the British Virgin Islands (the “IA”) provides that the netting of financial contracts is legally enforceable notwithstanding any provisions of the IA or the Insolvency Rules. Significantly, this means that where an insolvent entity that is party to a financial contract goes into liquidation, what might otherwise be a voidable transaction will be upheld if carried out pursuant to a netting agreement.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Ogier, Credit (finance), Option (finance), Swap (finance), Futures contract, Debt, Liquidation, Credit derivative
    Location:
    British Virgin Islands
    Firm:
    Ogier
    ISDA will publish auction protocol for the settlement of credit derivatives referencing Smurfit-Stone Consolidated Enterprises, Inc.
    2009-01-27

    On Monday, the International Swaps and Derivatives Association, Inc. (ISDA) announced that it will issue a CDS auction protocol regarding the settlement of credit derivatives that reference Smurfit-Stone Consolidated Enterprise Inc. The protocol is a response to Smurfit-Stone’s recent filing for reorganization under Chapter 11 in the US Bankruptcy Court in Wilmington, Delaware.  

    Filed under:
    Global, Derivatives, Insolvency & Restructuring, Alston & Bird LLP, Voting, Credit derivative, Credit default swap, International Swaps and Derivatives Association
    Location:
    Global
    Firm:
    Alston & Bird LLP
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