The International Swaps and Derivatives Association, Inc. (ISDA) recently commissioned law firm Linklaters to conduct an independent assessment of the function, governance and membership of the Credit Derivatives...more
On March 5, 2021, the ICE Benchmark Administration (IBA), UK Financial Conduct Authority (FCA) and International Swaps and Derivatives Association (ISDA) made important announcements regarding the timelines of the cessations...more
In connection with the anticipated discontinuance of LIBOR and similar benchmarks, the International Swaps and Derivatives Association (ISDA) has published the 2020 IBOR Fallbacks Protocol (Protocol) to help market...more
With the continuing spread of the COVID-19 pandemic across the globe, its full implications remain unknown. For OTC derivatives market participants, COVID-19 raises a number of considerations that firms should take into...more
3/17/2020
/ Business Disruption ,
China ,
Commodities ,
Coronavirus/COVID-19 ,
Crisis Management ,
Derivatives ,
Emergency Management Plans ,
Financial Markets ,
Force Majeure Clause ,
Holidays ,
Infectious Diseases ,
Investment ,
ISDA ,
Market Participants ,
Over The Counter Derivatives (OTC) ,
Public Health ,
Valuation
Thomas Cook Takeaways -
For credit default swap (CDS) protection buyers with protection on Thomas Cook Group Plc, a U.K. scheme of arrangement paving the way for a £1.6 billion debt-to-equity exchange imposed on all debt...more
1/10/2020
/ Acceleration ,
CFTC ,
Chapter 15 ,
Commercial Bankruptcy ,
Contract Terms ,
Credit Default Swaps ,
Debt ,
Derivatives ,
End-Users ,
ISDA ,
Lenders ,
Liquidity ,
Popular ,
Secondary Credit Markets
ISDA has reopened the CDS NTCE Protocol prior to its effective date on Jan. 27, 2020. The Protocol will remain open for adherence until noon on Friday, Jan. 24, 2020. ...more
Thomas Cook Group Plc’s (Thomas Cook) recent attempt at a restructuring and its ultimate downfall received numerous headlines. As the world’s oldest travel company spiraled toward a liquidation, the inner workings of the...more
ISDA has extended the closing date for the CDS NTCE Protocol by two weeks. The Protocol will now close on Oct. 28. This extension of the adherence period is due to the relatively modest rate of adherence so far. ...more
In a continuing effort to address the advent of narrowly tailored credit events (NTCEs) in the CDS market, ISDA is now preparing for the implementation of the changes designed to deter market participants from running these...more
Narrowly tailored credit events have emerged as one of the most controversial opportunistic CDS strategies in recent years, as we have been reporting in prior publications....more
As regulators in Europe and elsewhere have done, U.S. banking regulators have introduced new regulations designed to facilitate the resolution of a global systemically important bank (GSIB)....more
9/26/2018
/ Banking Sector ,
Covered Entities ,
Creditor Protection ,
Default Rights ,
FDIA ,
Financial Contracts ,
Global Systemically Important Banks (G-SIBs) ,
Insolvency ,
ISDA ,
ISDA Master Agreement ,
Orderly Liquidation Authority ,
Qualified Financial Contracts (QFC) ,
Regulatory Oversight ,
Regulatory Requirements
As regulators in Europe and elsewhere have done, U.S. banking regulators have introduced new regulations designed to facilitate the resolution of a global systemically important bank (GSIB)....more
The London interbank offered rate (LIBOR), the submission of which will cease to be mandated by the U.K. Financial Conduct Authority in 2021 as a result of concerns over its reliability and robustness due to its lack of...more
In July 2017, the CEO of the U.K. Financial Conduct Authority (FCA), Andrew Bailey, announced that the FCA will discontinue the London interbank offered rate (LIBOR) at the end of 2021. LIBOR is an interest rate index that is...more
On July 28, 2017, ISDA published the ISDA 2017 OTC Equity Derivatives T+2 Settlement Cycle Protocol (Protocol) which will enable participants to adjust the settlement cycle of certain of their OTC equity derivatives...more
Kramer Levin’s Debt Dialogue addresses recent developments and recurring issues that debt-focused investors commonly encounter in connection with enforcement of rights, interpretation of documentation and other relevant...more
3/31/2017
/ Banking Sector ,
Bankruptcy Code ,
Chapter 11 ,
Commercial Bankruptcy ,
Credit Default Swaps ,
Czyzewski v Jevic Holding Corp ,
Federal Jurisdiction ,
ISDA ,
Liquidity ,
SCOTUS ,
Structured Dismissals