The Internet Legal Resource for Over the Counter Derivative Transactions
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Christian A. Johnson

Professor of Law
Faculty Director

Loyola Business Center
Loyola University Chicago School of Law

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Contact:

25 East Pearson Street Chicago, Il. 60611

Ph: 312-915-6458
Fax: 312-915-7201


Email: cjohns6@luc.edu

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AGENDA: Topics in Derivatives Documentation Presented by Christian Johnson

The following sessions are developed and designed specifically for credit officers, marketers, traders, back office, and other employees who are interested in learning more about the business, credit and legal issues involved in negotiating over-the-counter derivative documentation. The discussions will focus in particular on your bank’s views and positions on these issues.


Session 1: 8:30 a.m. to 9:30 a.m.

An Introduction to OTC Derivatives and ISDA Documentation
An overview of the mechanics of an interest rate swap and the OTC market. Using this example, the session will provide an overview of payment netting, termination (including termination events and events of default) and close-out netting under the 1992 ISDA Master Agreement.

 


Session 2: 10:15 a.m. to 11:15 a.m.

Introduction to the 1992 ISDA Master Agreement

An overview of the key business, credit and legal provisions typically negotiated in the Schedule to the 1992 ISDA Master Agreement. The discussion will cover the architecture of the agreement, the terms contained in the Schedule, focusing in particular on the provisions found in your standard form. A summary of the salient differences between the 2002 ISDA Master Agreement and the 1992 ISDA Agreement will also behighlighted.

 

Session 3: 11:30 a.m. to 12:30

Loan Documentation and ISDA Master Agreement
An overview of the issues involved with loan documentation and OTC derivatives (interest rate protection, commodities, etc.). Discussion will cover key provisions that should be included in loan documentation, antitrust tying concerns, incorporation and survivability of loan covenants in the derivative documentation, terminating derivative documentations, etc.

 

Lunch 12:30 – 1:30pm

 

Session 4: 1:30 p.m. to 3:00 p.m.

ISDA Credit Support Annex

An overview of the New York and UK forms of ISDA Credit Support Annexes. The discussion will focus on business, credit and legal issues involved in pledging thresholds, eligible collateral, rehypothecation, and other key provisions. Intended for personnel who would like an introduction to these documents and their importance in managing credit exposure with clients.

 

 

 

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Session 5: 3:15 p.m. to 5:00 p.m.

U.S. Bankruptcy and Banking Insolvency Rules relating to Derivatives

A discussion of how OTC derivatives are treated in bankruptcy under the US bankruptcy Code and under FDIA and FDICIA with respect to financial institutions.

OTHER EXAMPLES


TAx provisions of the ISDA Master Agreement
Description: An overview of the tax-related provisions of the ISDA Master Agreement, including a discussion of the necessary Tax Representations and Tax Forms. Intended for legal and documentation staff who are interested in furthering their knowledge of Tax.

INtroduction to Repo Documentation
Description: An overview of master documentation for Repurchase Transactions, including the Master Repurchase Agreement and the Global Master Repurchase Agreement. Intended for professionals involved indocumenting repurchase transactions.

 

Issues Involving Hedge Funds


Issues Involving Emerging Markets Countparties

 



 

 

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Copyright © 2001-2006 Christian A. Johnson. All rights reserved. | Revised: July 25, 2007. | Site Created by skybend