Delivery Amount (VM) - VM CSA Provision

2016 ISDA Credit Support Annex (VM) (English law) A Jolly Contrarian owner’s manual™ Resources and navigation Resources Full wikitext | Nutshell wikitext Navigation 1 (Interpretation) | 2 (Credit Support Obligations) | 3 (Transfers, Calculations and Exchanges) | 4 (Dispute Resolution) | 5 (Title Transfer etc) | 6 (Default) | 7 (Representation) | 8 (Expenses) | 9 (Miscellaneous) | 10 (Definitions) | 11 (Elections and Variables) Index: Click ᐅ to expand: 2016 VM CSA 2018 CSD 1995 CSA Paragraph 2(a) in a Nutshell™ Use at your own risk, campers! 2(a) Delivery Amount. If the Transferee demands a Delivery Amount at least equal to the Transferor’s Minimum Transfer Amount on (or following) a Valuation Date, the Transferor must transfer Eligible Credit Support with a Value of the Delivery Amount (rounded under Paragraph 11(c)(vi)(B)) to the Transferee. The “Delivery Amount” is the amount by which the Transferee’s Exposure exceeds the Value of the Transferor’s Credit Support Balance on that Valuation Date (adjusted for pending but unsettled transfers). view template Full text of Paragraph 2(a) 2(a) Delivery Amount (VM). Subject to Paragraphs 3 and 4, upon a demand made by the Transferee on or promptly following a Valuation Date, if the Delivery Amount (VM) for that Valuation Date equals or exceeds the Transferor’s Minimum Transfer Amount, then the Transferor will transfer to the Transferee Eligible Credit Support (VM) having a Value as of the date of transfer at least equal to the applicable Delivery Amount (VM) (rounded pursuant to Paragraph 11(c)(vi)(B)). Unless otherwise specified in Paragraph 11(c), the “Delivery Amount (VM)” applicable to the Transferor for any Valuation Date will equal the amount by which: (i) the Transferee’s Exposure exceeds (ii) the Value as of that Valuation Date of the Transferor’s Credit Support Balance (VM) (adjusted to include any prior Delivery Amount (VM) and to exclude any prior Return Amount (VM) , the transfer of which, in either case, has not yet been completed and for which the relevant Regular Settlement Day falls on or after such Valuation Date). view template Tell me more Sign up for our newsletter — or just get in touch: for ½ a weekly 🍺 you get to consult JC. Ask about it here.

Content and comparisons

Now the interesting thing here is the difference that pledged collateral under the New York law versions of the CSA makes over title-transferred collateral regime of the English law versions. You will see the difference in the NY law version’s Delivery Amount, which is the positive difference between Secured Party’s Exposure and the value of Posted Credit Support held by the Secured Party — easy, right? — and the equivalent provision in the English law versions which is the positive difference between the Transferee’s Exposure and the Credit Support adjusted to exclude any inflight but unsettled collateral movements.

The English law versions are a bit more leaden in how they describe things but these amount to the same thing: you don’t get any credit (support) for collateral until it has landed with the other party.

This creates some curious scenarios, as you will see.

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Summary

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General discussion

CSA transfer timings

This is how the timing works for CSA transfers.

Terminology check: to make this easy, we refer to both 2016 VM CSAs and 2016 VM CSAs as “2016 VM CSAs”. This cuts out a lot of “Delivery Amount and/or Return Amount as the case may be” nonsense. The date on which someone demands a 2016 VM CSA we call a “2016 VM CSA”.

To be clear, neither Demand Date nor 2016 VM CSA are “ISDA canon”.

Remember the 2016 VM CSA is simply the person making the demand.

1. Value 2016 VM CSA and 2016 VM CSA: Firstly, value what you are going to call: the 2016 VM CSA under para 2016 VM CSA or 2016 VM CSA. This is roughly 2016 VM CSA - 2016 VM CSA (or vice versa).
   1. Under 2016 VM CSA, the 2016 VM CSA will transfer 2016 VM CSA having a 2016 VM CSA as of the date of transfer of the 2016 VM CSA.
   2. Per the 2016 VM CSA provision, all calculations happen at the 2016 VM CSA. Fluctuations in value after that time won’t invalidate the 2016 VM CSA, but they may mean a party can immediately call for more 2016 VM CSA (that is, have another 2016 VM CSA).
   3. The 2016 VM CSA keys off the 2016 VM CSA.
2. 2016 VM CSA: On or promptly following any 2016 VM CSA (it need not be a 2016 VM CSA) on which the 2016 VM CSA has moved in its favour, one party may demand a 2016 VM CSA (para 2(a)) or a 2016 VM CSA (para 2(b)).
3. 2016 VM CSA: Under para 2016 VM CSA (2016 VM CSA) if the demand is received before the 2016 VM CSA on a 2016 VM CSA that is a 2016 VM CSA the transfer must be made by close of business on the related Regular Settlement Day. If received after the 2016 VM CSA or on a non-2016 VM CSA, the transfer must be made by close of business on the Regular Settlement Day relating to the day after the Demand Date.
4. Settlement Day: Here is where things differ materially between the 1995 CSA and the 2016 VM CSA.
   1. 1995 CSA: The Settlement Day for any day (whether or not it is a 2016 VM CSA) is:
      1. Cash: for cash, the next 2016 VM CSA and,
      2. Securities: for securities, the 2016 VM CSA after the date on which a trade in the relevant security, if effected on the day in question, would have been settled in accordance with customary practice.
   2. 2016 VM CSA: In the new world we have the new concept of the Regular Settlement Day, and this is the same Local Business Day as the Demand Date. The run-off text at the end of Paragraph 3(a) gives you a little more flex: if the demand came after the Notification Time, then you must make the transfer by close on the Regular Settlement Day for the next day. Just how the business days interact under the ISDA and CSA is about as complicated as string theory, by the way.

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See also

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