-142- 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 agreementsPage: Previous 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 Next
Last modified: May 25, 2011