-144- significant stress on the use of netting agreements. The OCC also encouraged the use of netting agreements. As part of the credit approval function, the OCC expected credit officers to assess the availability and impact of credit exposure reduction techniques such as netting. Pursuant to BC-277: In order to reduce counterparty credit exposure, a national bank should use master close-out netting agreements with its counterparties to the broadest extent legally enforceable, including in any possible insolvency proceedings of such counterparties. * * * * * * * * * * The advantages of such netting arrangements include a reduction in credit and liquidity exposures, the potential to do more business with existing counterparties within existing credit lines, and a reduced need for collateral to support counterparty obligations. * * * 3. Status of Netting Arrangements Before 1990, prior law arguably allowed a U.S. bankruptcy trustee or liquidator either to accept or to repudiate individual contracts among a portfolio of financial derivatives, depending on their profitability to the bankrupt party. The trustee or liquidator could arguably enforce only those swaps that had positive value. In 1990, Congress amended then 11 U.S.C. section 362(b)(14) (now section 362(b)(17) (2000)) and added to the Bankruptcy Code 11 U.S.C. section 560 to limit a bankruptcy trustee’s avoidance powers. These sections exempted swap agreements from thePage: Previous 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 Next
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