Undead ISDA: Difference between revisions

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{{a|isda|[[File:William Blake - The Day of Judgment.jpg|450px|thumb|center|Uh-oh: honey — did I check the residual {{isdaprov|Cross Default}} risk on that old [[87 ISDA]]?]]}}The status of every defunct [[ISDA]] master agreement, once all transactions have terminated, whether through the exigencies of a stressed [[close-out]], or simply through the [[entropy]] and general lassitude of a modern life in which many former devotees of the ISDA creed grew bored, or adversely regulated, and gave up on swaps, once the last live ones have all rolled off.
{{a|isda|[[File:William Blake - The Day of Judgment.jpg|450px|thumb|center|Uh-oh: honey — did I check the residual {{isdaprov|Cross Default}} risk on that old [[87 ISDA]]?]]}}The status of every defunct [[ISDA]] master agreement, once all transactions have terminated, whether through the exigencies of a stressed [[close-out]], or simply through the [[entropy]] and general lassitude of a modern life in which many former devotees of the ISDA creed grew bored, or adversely regulated, and gave up on swaps, letting the last remaining {{isdaprov|Transaction}}s to roll off and scamper, free, into the fragrant meadows of oblivion.


For while you can terminate a ''{{isdaprov|Transaction}}'' under an {{isdama}} the printed form does not  envisage one terminating the [[master agreement]] itself. It has no general [[No-fault termination|termination on notice]] provisions so, unless you and your counterparty specifically confect to agree one, a discarded ISDA arrangement will lie there mute, transfixed, plastered to the infinite like some ghostly figure frozen at the [[event horizon]] of a [[black hole]] for ever — surviving, indefinitely, some believe even beyond the expiry of the very entities whose trading relationship it once described.
For while you can terminate a ''{{isdaprov|Transaction}}'' under an {{isdama}} the printed form does not  envisage one terminating the [[master agreement]] itself. It has no general [[no-fault termination]] provisions so, unless you and your counterparty confect to agree one — for that you will need communion wine, garlic, wooden stakes and so on — a discarded ISDA arrangement will just ''lie there'', locked-in, mute, transfixed, plastered to the infinite like some ghostly apparition, frozen at the [[event horizon]] of a [[black hole]] for ever — surviving, indefinitely, some believe even beyond the expiry of the very entities whose trading relationship it once described.


Some would say this is a non-point, as un-alive as the ISDA that presents it. For an ISDA under which there are no extant transactions carries no material financial obligations. But that {{isdaprov|Cross Default}} clause... ''could it'' ... ?  
Some would say this is a non-point, as un-alive as the ISDA that presents it. For an ISDA under which there are no extant {{isdaprov|Transaction}}s carries no financial obligations and presents no risk. If no {{isdaprov|Transactions}} remain that can [[close out]], what earthly concern is it of either counterparty if there are notional obligations going unfulfulled? Who will take the point that you are no longer fulfilling your coverant to send your annual report within three months of its publication? Only a person yet to meet an internal auditor could ask that question. and besides, what of those meta-obligations? That two-edged {{isdaprov|Cross Default}} clause... ''could it'' ... ?  


But even they who so haughtily wave concerns away yet still go quiet and will speak not of the [[Dark Lord]].
You may laugh, but note only this: they who so haughtily wave such trifling concerns away yet still go quiet and will speak not of the [[Dark Lord]].


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