No event of default or potential event of default: Difference between revisions

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A curious confection, you might think: ''what sort of [[event of default]] could a fellow trigger merely by entering into contract with me?'' But yet there it is, slap dab in the middle of the {{isdama}}. Section {{isdaprov|3(b)}}. What could they have been thinking?  
A curious confection, you might think: ''what sort of [[event of default]] could a fellow trigger merely by entering into contract with me?'' But yet there it is, slap dab in the middle of the {{isdama}}. Section {{isdaprov|3(b)}}. What could they have been thinking?  


Well, remember the [[ISDA]]’s lineage. It was crafted, before the alliance of men and elves, by the [[Children of the Forest]]. They were a species of pre-derivative, banking people. Is it possible they had in mind the sort of [[restrictive covenant]]s a banker might demand of a borrower with a look of softness about its credit standing? Perhaps a promise not to create material [[indebtedness]] to another lender, though in these enlightened times that would be a great constriction indeed on a fledgling enterprise chasing the world of opportunity that lies beyond its door.  This seems to be reaching, though, readers: it talks of defaults under ''this'' agreement not another one — widenibng that would drastically amplify the already ludicrous risk posed by the {{isdaprov|Cross Default}} clause.
Well, remember the [[ISDA]]’s lineage. It was crafted, before the alliance of men and elves, by the [[Children of the Forest]]. They were a species of pre-derivative, banking people. Is it possible they had in mind the sort of [[restrictive covenant]]s a banker might demand of a borrower with a look of softness about its credit standing? Perhaps a promise not to create material [[indebtedness]] to another lender, though in these enlightened times that would be a great constriction indeed on a fledgling enterprise chasing the world of opportunity that lies beyond its door.  This seems to be reaching, though, readers: it talks of defaults under ''this'' agreement not another one — widening the representation to include breaches of ''all'' agreements you have entered would drastically amplify the already ludicrous risk posed by the {{isdaprov|Cross Default}} clause.


So, does a swap [[mark-to-market]] [[exposure]] count as [[indebtedness]]? Many will recognise this [[tedious]] question as one addressed at great length when contemplating a {{isdaprov|Cross Default}}: Suffice, here, to say that an ISDA isn’t “[[borrowed money]]”<ref>Unless your credit team decided to define it as such, of course. It does happen.</ref> as such, but a material swap exposure would have the same credit characteristics as indebtedness. But in these days of compulsory [[variation margin]] you wouldn’t expect one’s [[mark-to-market]] [[exposure]] to ''be'' material, unless something truly cataclysmic was going on intra-day in the markets.
Speaking of which, does a swap [[mark-to-market]] [[exposure]] count as [[indebtedness]]? Many will recognise this [[tedious]] question as one addressed at great length when contemplating a {{isdaprov|Cross Default}}: Suffice, here, to say that an ISDA isn’t “[[borrowed money]]”<ref>Unless your credit team decided to define it as such, of course. It does happen.</ref> as such, but a material swap exposure would have the same credit characteristics as indebtedness. But in these days of compulsory [[variation margin]] you wouldn’t expect one’s [[mark-to-market]] [[exposure]] to ''be'' material, unless something truly cataclysmic was going on intra-day in the markets.


Much more likely is a [[negative pledge]], and while an unsecured, [[Title transfer|title-transfer]], [[close-out]] netted ISDA might not offend one of those, a [[Pledge GMSLA]] might, and a [[prime brokerage agreement]] may well do.
Much more likely is a [[negative pledge]], and while an unsecured, [[Title transfer|title-transfer]], [[close-out]] netted ISDA might not offend one of those, a [[Pledge GMSLA]] might, and a [[prime brokerage agreement]] may well do.

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