-223- Petitioner also contended that the carve-outs were used for pricing. The facts, however, show that pricing of swaps was market-driven; i.e., FNBC’s traders quoted swap spreads based on where the market was at the time, and where they thought it would go. Nor were the bonuses for swap personnel ascertained strictly on profitability. The size of the bonus pool for swap personnel depended on many factors, including how the bank performed as a whole, and did not depend on any adjustment taken by FNBC. To the extent that swap profitability was a consideration in determining the bonuses, compensation for traders and marketers was based upon unadjusted mark-to-market revenues raised by each trader or marketer, as well as certain other subjective factors. Nor did FNBC rely upon adjusted midmarket values for buyout purposes; it required that the buyout prices be (and effected its buyouts) at the midmarket value. D. Credit Adjustment 1. Need for a Credit Adjustment Petitioner argues that FNBC’s calculation of credit adjustments was necessary to reflect the fair market values of its swaps.75 Respondent acknowledges that the midmarket value of an interest rate swap may have to be adjusted for credit risk in order to arrive at its fair market value when: (1) The 75 Petitioner concedes that FNBC could determine its current exposure at any point.Page: Previous 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 Next
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