Template:Nutshell 1995 CSA 4(a)
4(a) Disputed Calculations or Valuations. If a Disputing Party reasonably disputes the value of a Delivery or Return Amount or the the Value of any Eligible Credit Support:
- (1) it must notify the other party and the Valuation Agent by close of business on the Local Business Day following receipt of the demand or transfer:
- (2) any undisputed amount must be transferred by close of business on the Settlement Day following the demand date
- (3) the parties will try resolve the dispute; and
- (4) if they haven’t done so by the Resolution Time, then:
- (i) For Delivery and Return Amounts, the Valuation Agent will recalculate the Exposure and the Value as of the Recalculation Date by:
- (A) keeping any part of the calculations that aren't disputed;
- (B) calculating the disputed portion of the Exposure by seeking four (or if not available, fewer) mid-market quotations from Reference Market-makers and taking the average; provided that if no quotations are available the Valuation Agent’s original calculations will stand; and
- (C) using the procedures in Paragraph 11(e)(ii) to calculate the Value of the outstanding Credit Support Balance;
- (ii) If the Value of any Equivalent Credit Support is disputed the Valuation Agent will recalculate the Value as of the date of transfer pursuant to Paragraph 11(e)(ii).
- (i) For Delivery and Return Amounts, the Valuation Agent will recalculate the Exposure and the Value as of the Recalculation Date by:
The Valuation Agent will notify each party (or the other party, if the Valuation Agent is a party) by the Notification Time on the Local Business Day following the Resolution Time. Then the appropriate transfer has to be made.