Template:M comp disc 1994 NY CSA 3(a)

From The Jolly Contrarian
Jump to navigation Jump to search

Now the interesting thing here is the difference that pledged collateral under the 1994 New York law CSA makes over title-transferred collateral regime of the 1995 CSA. You will see the difference in the 1994 New York law CSA’s Delivery Amount, which is the positive difference between Secured Party’s Exposure and the value of Posted Credit Support held by the Secured Party — easy, right? — and 1995 CSA’s equivalent provision which is the positive difference between the Transferee’s Exposure and the Credit Support Balance adjusted to exclude any inflight but unsettled collateral movements.

The 1995 CSA is a bit more leaden in how it describes things but these amount to the same thing: you don’t get any credit (support) for collateral until it has landed with the other party. This creates some curious scenarios, as you will see if you read on. 3(a)2(a)