Eligible Credit Support - NY CSA Provision

1994 ISDA Credit Support Annex (New York law) A Jolly Contrarian owner’s manual™ Resources and navigation Resources Wikitext | Nutshell wikitext Navigation 1 (Interpretation) | 2 (Security Interest) | 3 (Credit Support Obligations) | 4 ( Conditions Precedent, Transfer Timing, Calculations and Substitutions) | 5 (Dispute Resolution) | 6 (Holding and Using Posted Collateral (VM)) | 7 (Events of Default) | 8 (Certain Rights and Remedies) | 9 (Representations) | 10 (Expenses) | 11 (Miscellaneous) | 12 (Definitions) | 13 (Elections and Variables Index: Click ᐅ to expand: 1994 NY CSA CSA Paragraph Eligible Credit Support in a Nutshell™ Use at your own risk, campers! Template:Nutshell 1994 NY CSA Eligible Credit Support [[Template:Nutshell 1994 NY CSA Eligible Credit Support view template]] Full text of Paragraph Eligible Credit Support “Eligible Credit Support” means Eligible Collateral and Other Eligible Support. [[Template:ISDA New York Law Credit Support Annex 1994 Eligible Credit Support view template]] Related agreements and comparisons Related Agreements Click '[[Eligible Credit Support - NY VM CSA Provision|here]] for the text of Section [[Eligible Credit Support - NY VM CSA Provision|Eligible Credit Support ]] in the 2016 New York law CSA Click here for the text of Section [[- CSA Provision|]] in the 1995 English Law CSA Click here for the text of Section [[- VM CSA Provision|]] in the 2016 English Law VM CSA Comparisons 1994 NY CSA and 1995 CSA: click for [[special:diff/{{{1}}}/{{{2}}}|comparison]] Template:2nycsadiff Eligible Credit Support Template:Nycsadiff Eligible Credit Support 1995 CSA and 2016 VM CSA: click for [[special:diff/{{{1}}}/{{{2}}}|comparison]] 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

Fulfils the same function as Eligible Credit Support in any of the other microvariations of the credit support document in the ISDA extended universe. Where you expect to specify different types of Credit Support which are in, or out, of contention, you put that in your Paragraph 11 and/or 13 as the case may be.

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Summary

What is, or is not, acceptable to post as credit support. In the olden days this was all a bit fraught, and accounted for much of the practical complication of the CSA as a document, and which (in the JC’s eyes, made it a sort of primordial smart contract, before there were such things as smart contracts.

The CSA governs a deterministic, but highly complicated flow of securities and currencies back and forth between counterparties daily, based on the Exposure of their portfolios. Who has to pay whom on any day, and what, is derivative — I know, right — of a load of extraneous factors besides that Exposure as a bare number: the “shape” of the derivatives book, the state of the market, the composition and market valuations of the Credit Support Balance already posted. Even a small firm will have multiple brokerage counterparties; a brokerage will have hundreds of thousands. There is simply no way of monitoring and accurately performing an arrangement as complicated as a Credit Support Annex manually. Only computers can do it. Hence, it is rather like a smart contract, and not just superficially, but practically: the “contract” as a meaningful thing is the operational reality, not the document. It lives in the configurations the parties operations teams punch into their respective collateral management applications.

If a number is mis-punched, or the application does not or cannot reflect what is stipulated on paper in the Credit Support Annex, no-one will ever know. At least, not until it is too late.

If your counterparty is a smoking ruin and you find out the Credit Support Balance you are holding comprises of illiquid pref shares listed on the Manila bourse, while the CSA prescribes only G7 on-the-run government securities, then guess what.

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See also

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