-54- users.25 The meaning of this term is similar to, but is not necessarily the same as that of, the term “fair market value”. “Fair value” is broader than and may include “fair market value”. The objectives of each of these two concepts also are distinct. B. Mark-to-Market Accounting Swaps dealers generally attempted during the relevant years to mark their swap positions to market daily. The concept of mark-to-market accounting requires that the market value of an asset such as a swap be recorded on the balance sheet at each financial reporting date and that any changes in market value from one reporting date to the next be currently reflected in income or loss. C. Devon System and the Devon (Midmarket) Value 1. Devon System FNBC and most other dealers used the Devon system in order to ascertain their valuations for their mark-to-market accounting systems. The Devon system was developed and marketed by an independent software company named Devon Systems International, Inc.26 The Devon system was during the relevant years the most 25 Most State statutes also usually define the term for purposes of valuing dissenting stockholders’ appraisal rights and, sometimes, for purposes of valuing property in cases of marital dissolution. As discussed below, that definition is not applicable here. 26 SunGard Systems International, Inc., a subsidiary of SunGard Data Systems, Inc., acquired Devon Systems International, (continued...)Page: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
Last modified: May 25, 2011