Method for Determining Deliverable Obligations - Credit Derivatives Provision

2014 ISDA Credit Derivatives Definitions
A Jolly Contrarian owner’s manual™

Resources and navigation

Resources (full wikitext) \| (nutshell wikitext) \| Anatomy \| Narrowly-tailored credit event \| Equity v credit derivatives showdown Index: Click ᐅ to expand: Credit Derivatives

Section 3.14 in a Nutshell™

Use at your own risk, campers!

Template:Nutshell Credit Derivatives 3.14 view template

Full text of Section 3.14

Section 3.14 Method for Determining Deliverable Obligations. For purposes of Section 3.2(a) (Deliverable Obligation), the term “Deliverable Obligation” may be defined as each obligation of the Reference Entity described by the Deliverable Obligation Category specified in the related Confirmation, and, subject to Section 3.15 (Interpretation of Provisions), having each of the Deliverable Obligation Characteristics, if any, specified in the related Confirmation, in each case, as of both the NOPS Effective Date and the Delivery Date (unless otherwise specified). The following terms shall have the following meanings: (a) “Deliverable Obligation Category” means one of Payment, Borrowed Money, Reference Obligation Only, Bond, Loan, or Bond or Loan (each as defined in Section 3.13(a) (Method for Determining Obligations), except that, for purposes of determining Deliverable Obligations, Section 3.13(a)(iii) (Method for Determining Obligations) shall be amended to state that no Deliverable Obligation Characteristics shall be applicable to Reference Obligation Only). (b) “Deliverable Obligation Characteristics” means any one or more of Not Subordinated, Specified Currency, Not Sovereign Lender, Not Domestic Currency, Not Domestic Law, Listed, Not Domestic Issuance, Assignable Loan, Consent Required Loan, Direct Loan Participation, Transferable, Maximum Maturity, Accelerated or Matured and Not Bearer, and: (i) “Assignable Loan” means a Loan that is capable of being assigned or novated to, at a minimum, commercial banks or financial institutions (irrespective of their jurisdiction of organization) that are not then a lender or a member of the relevant lending syndicate, without the consent of the Reference Entity or the guarantor, if any, of such Loan (or the consent of the applicable borrower if the Reference Entity is guaranteeing such Loan) or any agent; (ii) “Consent Required Loan” means a Loan that is capable of being assigned or novated with the consent of the Reference Entity or the guarantor, if any, of such Loan (or the consent of the relevant borrower if the Reference Entity is guaranteeing such Loan) or any agent; (iii) “Direct Loan Participation” means a Loan in respect of which, pursuant to a participation agreement, Buyer is capable of creating, or procuring the creation of, a contractual right in favor of Seller that provides Seller with recourse to the participation Seller for a specified share in any payments due under the relevant Loan which are received by such participation seller, any such agreement to be entered into between Seller and either (A) Buyer (to the extent Buyer is then a lender or a member of the relevant lending syndicate), or (B) a Qualifying Participation Seller (if any) (to the extent such Qualifying Participation Seller is then a lender or a member of the relevant lending syndicate); (iv) “Transferable” means an obligation that is transferable to institutional investors without any contractual, statutory or regulatory restriction, provided that none of the following shall be considered contractual, statutory or regulatory restrictions: (A) contractual, statutory or regulatory restrictions that provide for eligibility for resale pursuant to Rule 144A or Regulation S promulgated under the United States Securities Act of 1933, as amended (and any contractual, statutory or regulatory restrictions promulgated under the laws of any jurisdiction having a similar effect in relation to the eligibility for resale of an obligation); (B) restrictions on permitted investments such as statutory or regulatory investment restrictions on insurance companies and pension funds; or (C) restrictions in respect of blocked periods on or around payment dates or voting periods; (v) “Maximum Maturity” means an obligation that has a remaining maturity of not greater than the period specified in the related Confirmation (or if no such period is specified, thirty years); (vi) “Accelerated or Matured” means an obligation under which the principal amount owed, whether by reason of maturity, acceleration, termination or otherwise , is due and payable in full in accordance with the terms of such obligation, or would have been but for, and without regard to, any limitation imposed under any applicable insolvency laws; and (vii) “Not Bearer” means any obligation that is not a bearer instrument unless interests with respect to such bearer instrument are cleared via the Euroclear system, Clearstream International or any other internationally recognized clearing system. view template