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*The cost of financing those assets - the [[leverage]] - increases | *The cost of financing those assets - the [[leverage]] - increases | ||
*Investors withdraw money from the fund. | *Investors withdraw money from the fund. | ||
[[Prime broker]]s hold [[initial margin]] to protect against the first, control the second in any weather, and one would expect the third to result in overall proportionate de-risking anyway. <ref>Not always precisely, of course: thanks to Mr. Woodford for reminding us all that a manager handling redemptions will tend to nix [[liquid]] positions first. </ref> In any case, the benefit to a second order derivative close-out right is that it might allow you to get ahead of the game. If I know the default is coming (because [[NAV trigger]], right?) why wait until a payment is due to see if I get hosed? | [[Prime broker]]s hold [[initial margin]] to protect against the first, control the second in any weather, and one would expect the third to result in overall proportionate de-risking anyway. <ref>Not always precisely, of course: thanks to Mr. Woodford for reminding us all that a manager handling redemptions will tend to nix [[liquid]] positions first.</ref> In any case, the benefit to a second order derivative close-out right is that it might allow you to get ahead of the game. If I know the default is coming (because [[NAV trigger]], right?) why wait until a payment is due to see if I get hosed? | ||
Because, in this age of high-frequency trading, multiple payments are due every day, and even if one isn’t, in many cases you can force one by raising [[initial margin]]<ref>Assuming you have under-cooked your [[IM]] calculations in the first place, that is. [[IM]] is designed to tide you over between payment periods after all. </ref> | Because, in this age of high-frequency trading, multiple payments are due every day, and even if one isn’t, in many cases you can force one by raising [[initial margin]].<ref>Assuming you have under-cooked your [[IM]] calculations in the first place, that is. [[IM]] is designed to tide you over between payment periods after all. </ref> All told, an ''actual'' [[failure to pay]] is deterministic. There is no argument. A NAV trigger breach — not so much. | ||
Especially since an official [[NAV]] is only “cut” once for every “[[liquidity period]]” — monthly or quarterly in most cases — and it is hard to see how a [[credit officer]], however enthusiastic, could determine what the [[net asset value]] of the fund was at any other time, not having knowledge of those positions held with other counterparties. On the other hand, [[credit officer]]s don’t usually monitor NAV triggers anyway, so what do they care? | Especially since an official [[NAV]] is only “cut” once for every “[[liquidity period]]” — monthly or quarterly in most cases — and it is hard to see how a [[credit officer]], however enthusiastic, could determine what the [[net asset value]] of the fund was at any other time, not having knowledge of those positions held with other counterparties. On the other hand, [[credit officer]]s don’t usually monitor NAV triggers anyway, so what do they care? | ||
All rather tiresome, and quite unnecessary if you have the right, as most [[prime broker]]s do, to hike up [[initial margin]] at your discretion<ref>I know, I know, there may be a [[margin lockup]]. That’s really the best place for the [[NAV trigger]], as you may come to agree if you read on.</ref> | All rather tiresome, and quite unnecessary if you have the right, as most [[prime broker]]s do, to hike up [[initial margin]] at your discretion.<ref>I know, I know, there may be a [[margin lockup]]. That’s really the best place for the [[NAV trigger]], as you may come to agree if you read on.</ref> | ||
===Types of [[NAV trigger]]=== | ===Types of [[NAV trigger]]=== | ||
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{{maxim|No no-one likes to give a free waiver}}. Why would you? | {{maxim|No no-one likes to give a free waiver}}. Why would you? | ||
Yet, thanks to the [[no oral modification]] clause in Section {{isdaprov|9(b)}} — which extends to waivers — you ''must'' waive a [[NAV trigger]] in writing<ref>This has been recently confirmed in {{casenote|Rock Advertising Limited|MWB Business Exchange Centres Limited}}.</ref> | Yet, thanks to the [[no oral modification]] clause in Section {{isdaprov|9(b)}} — which extends to waivers — you ''must'' waive a [[NAV trigger]] in writing.<ref>This has been recently confirmed in {{casenote|Rock Advertising Limited|MWB Business Exchange Centres Limited}}.</ref> This then leads to an argument between [[legal]] and [[credit ]] as to ''whose job it is to send out this waiver''. Honestly, this is such fun. | ||
'''[[Legal]]''': “You imposed the stupid [[NAV trigger]], so you can damn well send out waivers for it.” <br> | '''[[Legal]]''': “You imposed the stupid [[NAV trigger]], so you can damn well send out waivers for it.” <br> |