Template:Cross default in securities financing agreements: Difference between revisions

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===There is no cross default in a securities financing transaction===
===There is no [[cross default]] in a securities financing transaction===
There’s no need for [[cross default]] in ''any'' [[master trading agreement]], actually — this is the [[JC]]’s considered view, about which you can read at length elsewhere — but the {{gmsla}} and {{gmra}} are a particularly bad candidates for cross default because their transactions are by definition short term (in the case of {{gmra}}) and on call (in the case of {{gmsla}}), so the “mischief” the [[cross default]] is designed to remedy — large [[credit exposure]] under transactions with long tenor and few regular cash-flows — does not exist.
There’s no need for [[cross default]] in ''any'' [[master trading agreement]], actually — this is the [[JC]]’s considered view, about which you can read at length elsewhere — but the {{gmsla}} and {{gmra}} are a particularly bad candidates for cross default because their transactions are by definition short term (in the case of {{gmra}}) and on call (in the case of {{gmsla}}), so the “mischief” the [[cross default]] is designed to remedy — large [[credit exposure]] under transactions with long tenor and few regular cash-flows — does not exist.


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===There’s no need to put one in. Even if you are doing [[term loan|term loans]].===
===There’s no need to put one in. Even if you are doing [[term loan|term loans]].===
All the talk of borrowers and lenders in [[Securities financing transaction - SFTR Provision|securities financing transactions]] makes a certain sort of person giddy. But remember: [[SFTR|SFTs]] are ''not'' contracts of indebtedness. {{gmslaprov|Lender}}s aren’t — legally or economically — [[lender|lenders]]. Thus, the omission of [[cross default]] from the standard [[SFT - SFTR Provision|SFT]] agreements ''was not an error''. It was deliberate.  
All the talk of borrowers and lenders in [[Securities financing transaction - SFTR Provision|securities financing transactions]] makes a certain sort of person giddy. But remember: [[SFTR|SFTs]] are ''not'' contracts of [[indebtedness]]. {{gmslaprov|Lender}}s aren’t — legally or economically — [[lender|lenders]]. Thus, the omission of [[cross default]] from the standard [[SFT - SFTR Provision|SFT]] agreements ''was not a mistake''. It was deliberate.  


Now, there is a certain stripe of [[credit officer]] who will not be convinced of this, [[Cassanova’s advice|and will want to put one in anyway]]. Does it do any harm? Well ''yes'', actually: it creates [[contingent liquidity]] issues for your own treasury department, whom credit will routinely ignore when making their credit requests. And yes, from the perspective of production waste in the [[negotiation]] process: insisting on a cross default is, par excellence, the [[waste]] of {{wasteprov|over-processing}}.
Now, there is a certain stripe of [[credit officer]] who will not be convinced of this, [[Cassanova’s advice|and will want to put one in anyway]]. Does it do any harm? Well ''yes'', actually: it creates [[contingent liquidity]] issues for your own treasury department, whom credit will routinely ignore when making their credit requests. And yes, from the perspective of production waste in the [[negotiation]] process: insisting on a cross default is, par excellence, the [[waste]] of {{wasteprov|over-processing}}.