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ISDA’s CDS Consultation: A Potential Fix for Narrowly Tailored Credit Events

The Situation: The International Swaps and Derivatives Association ("ISDA") has published proposed changes to the 2014 Credit Derivatives Definitions ("Definitions") that are meant to address issues relating to narrowly...more

Windstream: When a Credit Derivatives Determinations Committee and a Court Disagree

The Situation: Following a recent court decision holding that Windstream Services, LLC ("Windstream") failed to pay hundreds of millions of dollars in accelerated debt in 2017, the Credit Derivatives Determinations Committee...more

Ziggo: Another Definitional Split in the Credit Default Swap Market

A recent decision reminds credit swap market participants that thorough knowledge of the documentation and definitions relating to a particular credit default swap is critical....more

Short-Squeeze Risks Loom Again in CDS Markets

The Situation: Fears of a potential short-squeeze in the upcoming Sears CDS auction have kicked off disputes in a variety of venues. The Result: One of these disputes caused the fourth-ever convening of an ISDA CDS...more

Compare and Contrast: SFIG's and ARRC's Differing Approaches to Benchmark Transition in Securitizations

The Situation: SFIG's LIBOR Task Force has released the first of a planned series of "green papers" on benchmark transition in the US securitization market. The Result: The Green Paper contains proposed recommendations...more

ARRC Releases Market Consultations for the Securitization and Bilateral Loan Sectors

The Situation: The Alternative Reference Rates Committee ("ARRC") released market consultations on the securitization and bilateral loan markets on December 7, 2018, concerning potential paths forward for benchmark (e.g.,...more

ISDA Publishes Results of Benchmark Fallbacks Consultation as Sunset Looms for LIBOR

The Situation: The International Swaps and Derivatives Association, Inc. ("ISDA") has announced the preliminary results of its market consultation concerning the fallbacks rates to be relied on upon cessation of certain...more

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