Bank One Corporation - Page 134

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          determining the difference in the value of each of the swap’s               
          legs viewing the legs as if each of them was a bond bearing the             
          same attributes (e.g., identification of issuer, maturity,                  
          interest rate) as the corresponding leg.  In short, we view the             
          fixed leg as a bond the issuer of which is the fixed-rate payor             
          and the interest rate of which equals the fixed rate payable on             
          the swap.  We view the floating leg as a bond the issuer of which           
          is the floating-rate payor and the interest rate of which is the            
          floating rate of interest.  We consider the fair market value of            
          each swap to equal the difference between:  (1) The price at                
          which a hypothetical willing buyer and a hypothetical willing               
          seller would agree to buy/sell the fixed leg and (2) the price at           
          which a hypothetical willing buyer and a hypothetical willing               
          seller would agree to buy/sell the floating leg.                            
               We learn from Sziklay, generally speaking, that an interest            
          rate swap is analogous to two bonds.69  We learn from Duffie,               
          speaking more specifically, that a swap is simply an exchange of            
          a fixed-rate bond for a floating-rate bond of the same maturity,            
          both bonds bearing a face value equal to the notional principal             
          amount of the swap.  We further learn from Duffie that a swap’s             


          69 Sziklay testified that the credit ratings of the issuers                 
          must be taken into account when valuing the bonds.  We agree.  As           
          to each leg, its value to the payee equals the present value of             
          the payments due thereunder.  Obviously, in determining this                
          value, one must take into account the creditworthiness of the               
          payor/issuer.                                                               




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