Bank One Corporation - Page 57

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               E.  Netting                                                            
                    1.  Types of Netting                                              
                         a.  Closeout Netting                                         
               When a dealer has several swaps with a single counterparty,            
          it is common for some of the swaps to have positive value and for           
          others to have negative value.  If the counterparty were to                 
          default, it would owe money to the dealer with respect to some              
          swaps, and the dealer would owe money to the counterparty with              
          respect to other swaps.  In the event of a bankruptcy proceeding,           
          a dealer would want to offset the positive-valued swaps against             
          the negative-valued swaps.  Otherwise, the dealer might have to             
          pay in full its obligations to the counterparty on the negative-            
          valued swaps, while possibly receiving little or no payment on              
          the positive-valued swaps.  Such a right of setoff is called                
          closeout netting.                                                           
               Closeout netting is an enforceable right, and market                   
          participants placed significant stress on the use of netting                
          agreements.  Closeout netting occurs where the counterparties               
          agree that, in the event of a default or triggering event, all              
          contracts between the counterparties will be terminated at the              
          option of the nondefaulting party, and the reciprocal claims                
          under the contracts will be netted.  By facilitating closeout               
          netting and its legal enforceability, the ISDA form agreements              








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Last modified: May 25, 2011