Exchanges - 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 3(c) in a Nutshell™ Use at your own risk, campers! 3(c) Exchanges. (i) On any Local Business Day the Transferor may ask the Transferee to exchange some “New Credit Support (VM)” for some “Original Credit Support (VM)” already in its Credit Support Balance (VM). (ii) If the Transferee consents: (A) the Transferor must transfer the New Credit Support (VM) to the Transferee on the Settlement Day after it receives the Transferee’s consent; and (B) the Transferee must transfer to equivalent Original Credit Support (VM), with a prevailing Value as close as practicable to, but not more than, that of the New Credit Support (VM), to the Transferor on the Settlement Day after the Transferee receives the New Credit Support (VM) (the “Exchange Date”). view template Full text of Paragraph 3(c) 3(c) Exchanges. (i) Unless otherwise specified in Paragraph 11, the Transferor may on any Local Business Day by notice inform the Transferee that it wishes to transfer to the Transferee Eligible Credit Support (VM) specified in that notice (the “New Credit Support (VM)”) in exchange for certain Eligible Credit Support (VM) (the “Original Credit Support (VM)”) specified in that notice comprised in the Transferor’s Credit Support Balance (VM). (ii) If the Transferee notifies the Transferor that it has consented to the proposed exchange, (A) the Transferor will be obliged to transfer the New Credit Support (VM) to the Transferee on the first Settlement Day following the date on which it receives notice (which may be oral telephonic notice) from the Transferee of its consent and (B) the Transferee will be obliged to transfer to the Transferor Equivalent Credit Support (VM) in respect of the Original Credit Support (VM) not later than the Settlement Day following the date on which the Transferee receives the New Credit Support (VM), unless otherwise specified in Paragraph 11(e) (the “Exchange Date”); provided that the Transferee will only be obliged to transfer Equivalent Credit Support (VM) with a Value as of the date of transfer as close as practicable to, but in any event not more than, the Value of the New Credit Support (VM) as of that 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

But for the tedious scattering of “VM” all over the place — and one different cross reference (11(d) to 11(e) where a customised Exchange Date might be defined), the 2016 VM CSA version is identical to the 1995 CSA version. Because it was perfect first time.

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Summary

A counterparty who has posted one form of 2016 VM CSA and can ask the 2016 VM CSA to switch it for something else. The 2016 VM CSA doesn’t have to, but derivatives counterparties being the reasonable commercial fellows they are — and their operations teams being no-nonsense pragmatists they are — they will generally allow this as part of the normal ebb and flow of collateral operations. Probably less of a thing now 2016 VM CSAs tend to be cash only and base currency cash at that, but the possibility remains, and as, to our enduring regreet, we know, ISDA’s crack drafting squad™ is not usually one to let unexplored possibilities go undocumented.

Note here the 2016 VM CSA can ask for an exchange, but the 2016 VM CSA is not obliged to accept it. This is a fundamental provision of “title transfer”: once the 2016 VM CSA is delivered under a title-transfer 1995 CSA, the 2016 VM CSA owns it absolutely. It only has to return 2016 VM CSA. This is a special, legal ninja use of the word “equivalent”. It means “fungible”; exactly the same as ~; not “broadly similar to ~”.

This is important also from a pricing (and operational) perspective: otherwise the 2016 VM CSA would have a “worst-of” option and would be entitled to continually switch into the "cheapest to deliver" of the 2016 VM CSA. Needless to say, the increased collateral flows would also increase the operational burden.

2016 VM CSAs: Contrast this with 2016 VM CSA, where a 2016 VM CSA has the option to deliver the cheapest of the 2016 VM CSA specified in the 1995 CSA.

2016 VM CSAs: A 2016 VM CSA does have a (limited) option in terms of selecting the 2016 VM CSA should there be a requirement to return posted credit support: it can select the cheapest to deliver of all the 2016 VM CSA that has been posted to it which currently comprises its 2016 VM CSA.

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See also

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