Template:Flawed asset capsule: Difference between revisions

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Exactly ''which'' default events can trigger a flawed asset clause will depend on the contract. Under the {{isdama}}, {{{{{1}}}|Events of Default}} and even ''Potential'' {{{{{1}}}|Events of Default}} do, but {{{{{1}}}|Termination Event}}s and {{{{{1}}}|Additional Termination Event}}s do not. {{{{{1}}}|Termination Event}}s are softer, “hey look, it’s no-one’s fault, it’s just one of those things” kind of closeouts, so that makes some sense — but on the other hand this is not really true of {{{{{1}}}|Additional Termination Event}}s, which tend to be credit-driven and with more “culpability” and “event-of-defaulty-ness” about them. This is, a bit dissonant, but there are far greater dissonances, so we park this one and carry on.
Exactly ''which'' default events can trigger a flawed asset clause will depend on the contract. Under the {{isdama}}, {{{{{1}}}|Events of Default}} and even ''Potential'' {{{{{1}}}|Events of Default}} do, but {{{{{1}}}|Termination Event}}s and {{{{{1}}}|Additional Termination Event}}s do not. {{{{{1}}}|Termination Event}}s are softer, “hey look, it’s no-one’s fault, it’s just one of those things” kind of closeouts, so that makes some sense — but on the other hand this is not really true of {{{{{1}}}|Additional Termination Event}}s, which tend to be credit-driven and with more “culpability” and “event-of-defaulty-ness” about them. This is, a bit dissonant, but there are far greater dissonances, so we park this one and carry on.


=====2(a)(iii) in a time of Credit Support=====
====2(a)(iii) in a time of Credit Support====
Flawed assets entered the argot in a simpler, more (''less''?) peaceable time when two-way, zero-threshold, daily-margined collateral arrangements were a fantastical sight. It was therefore reasonably likely that a {{{{{1}}}|Non-defaulting Party}} might be nursing a large unfunded [[mark-to-market]] liability which it would not want to have to pay out on just because the clot at the other end of the contract had driven his fund into a ditch. A large uncollateralised position is a less likely scenario in these days of mandatory [[regulatory margin]] in which counterparties generally cash-collateralise their net market positions to, or near, zero each day.  
Flawed assets entered the argot in a simpler, more (''less''?) peaceable time when two-way, zero-threshold, daily-margined collateral arrangements were an unusual sight. Nor, in those times, were dealers often of the view that they might be on the wrong end of a flawed assets clause. They presumed if anyone was going bust, it would be their client. Because — the house always wins, right? The events of [[Global financial crisis|September 2018]] were, therefore, quite the chastening experience.


Nor, we think, did it occur to dealers, who typically insisted on the flawed assets clause, that they might be on the wrong end of it. The events of [[Global financial crisis|September 2018]] were, therefore, quite the chastening experience.
In any case without collateral, a {{{{{1}}}|Non-defaulting Party}} could, be nursing a large, unfunded [[mark-to-market]] liability which it would not want to pay out just because the clot at the other end of the contract had driven his fund into a ditch.  
 
That was then: in these days of mandatory [[regulatory margin]], counterparties generally cash-collateralise their net market positions to, or near, zero each day, so a large uncollateralised position is a much less likely scenario. So most people will be happy enough just closing out: the optionality not to is not very valuable.