Swap history: Difference between revisions

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::(3) procedures in place to ensure that the legal characteristics of netting arrangements are kept under review in the light of possible changes in relevant law.
::(3) procedures in place to ensure that the legal characteristics of netting arrangements are kept under review in the light of possible changes in relevant law.


Contracts containing walkaway clauses will not be eligible for netting for the purpose of calculating capital requirements pursuant to this Accord. A walkaway clause is a provision which permits a non-defaulting counterparty to make only limited payments, or no payment at all, to the estate of a defaulter, even if the defaulter is a net creditor.<ref>Basel Capital Accord: ''Treatment of potential exposure for off-balance-sheet items'', April 1995, https://www.bis.org/publ/bcbs18.pdf</ref>}}}}The sacred prehistory of “the one agreement to rule them all” — the [[Single Agreement]]; known these days as the {{isdama}} — predates even the [[First Men]] and, yea, even before them, to the black dawn of prehistory when free cash flows were first discovered in the wild and artificially set against each other for pleasing effect by the [[Children of the Forest]]. Swaps were even mentioned in passing in the Old Testament:
Contracts containing walkaway clauses will not be eligible for netting for the purpose of calculating capital requirements pursuant to this Accord. A walkaway clause is a provision which permits a non-defaulting counterparty to make only limited payments, or no payment at all, to the estate of a defaulter, even if the defaulter is a net creditor.
::— Basel Capital Accord: ''[https://www.bis.org/publ/bcbs18.pdf Treatment of potential exposure for off-balance-sheet items]'', April 1995}}}}The sacred prehistory of “the one agreement to rule them all” — the [[Single Agreement]]; known these days as the {{isdama}} — predates even the [[First Men]] and, yea, even before them, to the black dawn of prehistory when free cash flows were first discovered in the wild and artificially set against each other for pleasing effect by the [[Children of the Forest]]. Swaps were even mentioned in passing in the Old Testament:


{{quote|''But if he be [[out of the money|poorer than thy estimation]], then he shall present himself before the [[calculation agent]], and the [[calculation agent]] shall [[Valuation|value]] him; And if it be a [[physical settlement]], whereof men bring an offering unto the LORD, all that any man giveth of such unto the LORD shall be holy. And if he shall at all [[swap]] [[cashflow]] for [[asset]], yea, or [[asset]] for [[cashflow]], then the [[exchange]] thereof shall be holy.''
{{quote|''But if he be [[out of the money|poorer than thy estimation]], then he shall present himself before the [[calculation agent]], and the [[calculation agent]] shall [[Valuation|value]] him; And if it be a [[physical settlement]], whereof men bring an offering unto the LORD, all that any man giveth of such unto the LORD shall be holy. And if he shall at all [[swap]] [[cashflow]] for [[asset]], yea, or [[asset]] for [[cashflow]], then the [[exchange]] thereof shall be holy.''

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