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    Appeal of UK case on effect of events of default on netting and payment obligations dismissed on consent
    2010-11-05

    If you were waiting to hear what the English Court of Appeal had to say about the lower court decision in Marine Trade S.A. v. Pioneer Freight Futures Co. Ltd. you’ll be disappointed, as the appeal was dismissed by consent of the parties on October 22, 2010.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Shipping & Transport, Stikeman Elliott LLP, Bankruptcy, Debt, Unjust enrichment, Common law, Default (finance), Contract for difference, International Swaps and Derivatives Association, Insolvency Act 1986 (UK), Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Stikeman Elliott LLP
    ISDA responds on investment bank resolution
    2009-07-17

    ISDA has written to Treasury on its plans to make insolvency regulations in relation to investment banks. It supports Treasury's plan to take legislative steps only if market practice and regulatory approaches do not work. It endorses the view that sophisticated counterparties should have as much flexibility as possible. It notes the interaction of any regime for investment banks with existing regimes must be clear but does not currently see a compelling case for changes to the current regime.

    Filed under:
    United Kingdom, Capital Markets, Derivatives, Insolvency & Restructuring, Dentons, Investment banking, HM Treasury (UK), International Swaps and Derivatives Association
    Authors:
    Matthew Hodgson
    Location:
    United Kingdom
    Firm:
    Dentons
    Insolvent lenders and market disruption
    2008-10-21

    In the current economic climate, there are a number of key issues facing borrowers in the event of lender insolvency or default.

    Committed facilities/term loans

    Provided they are fully drawn and the borrower is not in breach itself, the impact in the short term may not be too severe.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Gowling WLG, Libor, Debtor, Breach of contract, Accounts receivable, Market liquidity, Swap (finance), Debt, Cashflow, Default (finance), International Swaps and Derivatives Association
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    ISDA 2018 US Resolution Stay Protocol
    2019-05-09

    On July 31, 2018 the International Swaps and Derivatives Association published the ISDA 2018 US Resolution Stay Protocol (the US Protocol). The US Protocol is intended to enable parties to ISDA Master Agreements and similar Protocol Covered Agreements (PCAs) to contractually recognize the cross-border application of special resolution regimes applicable to global systemically important entities and their affiliates.

    In this article, we provide a broad overview of the US Protocol and relevant resolution stay rules, then describe the effect and operation of the US Protocol.

    Filed under:
    USA, Banking, Derivatives, Insolvency & Restructuring, DLA Piper, International Swaps and Derivatives Association, Securities Investor Protection Corporation, Federal Deposit Insurance Act 1950 (USA)
    Authors:
    Marc A. Horwitz
    Location:
    USA
    Firm:
    DLA Piper
    ISDA proposes amendments to 2014 Credit Derivatives Definitions relating to narrowly tailored credit events
    2019-04-17

    Introduction

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, A&O Shearman, Credit default swap, Commodity Futures Trading Commission (USA), International Swaps and Derivatives Association
    Authors:
    Donna M. Parisi , Geoffrey Goldman , Azam H. Aziz , Jennifer Oosterbaan
    Location:
    USA
    Firm:
    A&O Shearman
    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
    Let the Seller Beware? Debtor’s Attempt to Monetize its Own Default May Impact Sellers of Credit Default Swaps
    2018-11-29

    The Sears bankruptcy case made headlines this month in the complex world of credit default swaps (CDS). A credit default swap is a contract pursuant to which the seller receives payment from a buyer in exchange for which the seller must compensate the buyer in the event of a default or other specified credit event.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Patterson Belknap Webb & Tyler LLP, Credit default swap, International Swaps and Derivatives Association
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    ISDA 2018 US Resolution Stay Protocol - key questions and answers
    2018-09-25

    On July 31, 2018, the International Swaps and Derivatives Association published the ISDA 2018 US Resolution Stay Protocol. The US Protocol is intended to enable parties to ISDA Master Agreements and similar "Protocol Covered Agreements" (collectively, PCAs) to contractually recognize the cross-border application of special resolution regimes applicable to global systemically important entities and their affiliates.

    In this alert, we provide a broad overview of the US Protocol and relevant resolution stay rules, then describe the effect and operation of the US Protocol.

    Filed under:
    USA, Banking, Derivatives, Insolvency & Restructuring, DLA Piper, International Swaps and Derivatives Association, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Authors:
    Marc A. Horwitz
    Location:
    USA
    Firm:
    DLA Piper
    Federal Reserve Adopts Rule Requiring GSIBs to Amend QFC Transactions to Limit Termination Rights of Counterparties
    2017-10-26

    On September 1, 2017, the Board of Governors of the Federal Reserve System (the Federal Reserve) adopted a rule (the Rule)1 that will require global systemically important U.S. bank holding companies (U.S. GSIBs)2 and most of their subsidiaries to amend a range of derivatives, short-term funding transactions, securities lending transactions and other qualifying financial contracts (QFCs). The required amendments will limit counterparty termination rights related to certain U.S. GSIB resolution and bankruptcy proceedings.

    Filed under:
    USA, Banking, Derivatives, Insolvency & Restructuring, Sidley Austin LLP, Bankruptcy, Bank holding company, Office of the Comptroller of the Currency (USA), Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), International Swaps and Derivatives Association, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Location:
    USA
    Firm:
    Sidley Austin LLP
    Nonconventional CDS Credit Events Part 2: Other Cases of Interest and Suggestions for Amendments
    2017-03-31

    Part 1 of this series described the recent decision of the ISDA Americas Determinations Committee to declare that a “failure to pay” had occurred with respect to iHeartCommunications Inc., notwithstanding that the only non-payment had been to a wholly owned subsidiary. The non-payment was orchestrated to avoid a springing lien that would have been triggered had all the notes of a particular issue of iHeartCommunications debt been paid in full. It did not reflect on the creditworthiness of iHeartCommunications.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Kramer Levin Naftalis & Frankel LLP, Credit default swap, International Swaps and Derivatives Association
    Authors:
    Fabien Carruzzo , Abbe L. Dienstag , Stephen D. Zide , Daniel King
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP

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