International Swaps and Derivatives Association, Inc.

Documenting Energy and Commodity Transactions using the
ISDA Documentation Structure Conference

With comprehensive sessions on the ISDA Master Agreement,
Collateral Documentation, the 2005 ISDA Commodity Definitions,
as well as various energy annexes.

June 15, 2005
The Metropolitan Conference Centre
Calgary


PROGRAM AGENDA

8:00 AM
Registration and Continental Breakfast
8:45 AM
Welcoming Remarks
9:00 AM
Androscoggin LLC Case Update
David Mann, Partner, Fraser Milner Casgrain LLP
9:30 AM
The ISDA Master Agreement
  • Section-by-section analysis of the ISDA Master Agreement
  • Discussion of key differences between the 2002 ISDA Master Agreement and the 1992 ISDA
         Master Agreement, including Close-out Amount
  • Events of Default and Termination Events
    Katherine Darras, Assistant General Counsel, ISDA
    Tom Pepevnak, Partner, Fraser Milner Casgrain LLP
    Trevor Morawski, Associate, Fraser Milner Casgrain LLP

  • 10:30 AM
    Morning Break
    10:45 AM
    The ISDA Master Agreement (continued)
    11:15 AM
    Negotiating the Schedule to the ISDA Master Agreement
    This session will focus on key energy industry issues that firms typically negotiate in their Schedule. Frequently negotiated Schedule provisions will be discussed including:
  • Specified Entities
  • Specified Transactions
  • Cross Default
  • Threshold Amounts
  • Additional Termination Events – Ratings triggers
  • Additional Representations
  • Additional considerations under the 2002 ISDA Master Agreement.
    Krista Friesen, Legal Counsel, BP Canada Energy Company
    Devi Koya, Partner, McDermott Will & Emery LLP
  • 12:30 PM
    Luncheon
    2:00 PM
    2005 ISDA Commodity Definitions
    The 2005 ISDA Commodity Definitions updates the 1993 ISDA Commodity Derivatives Definitions, the 2000 Supplement and incorporates the 1997 ISDA Bullion Definitions. The following issues will be discussed:
  • Market Disruption Events
  • Disruption Fallbacks
  • New product and transaction type coverage
  • Physical commodities annexes (gas, power, emissions and weather)
  • Bullion
    Elaine M. Whiting, Director and Head of Global OTC Commodities Transaction Documentation & Management Group, Barclays Capital
  • 2:45 PM
    ISDA North American Power Annex
    The North American Power Annex is intended to facilitate the purchase, sale or transfer of electric capacity and is structured as an Annex to the Schedule to the ISDA Master Agreement. The Power Annex was jointly developed with the Edison Electric Institute (EEI) and offers market participants the ability to enter into physical power purchases and sales as well as financial derivative transactions under an ISDA Master Agreement. This session will discuss the ISDA North American Power Annex in detail.
    Lisa J. Mellencamp,
    Senior Counsel, Constellation Energy Commodities Group
    Lauren Teigland-Hunt, Attorney at Law, Teigland-Hunt & Associates LLP
    3:15 PM
    Afternoon Break
    3:30 PM
    ISDA North American Gas Annex and Canadian Addendum
    The North American Gas Annex facilitates physical gas trading under the ISDA Master Agreement. The Gas Annex was drafted in consultation with the North American Energy Standards Board (NAESB), which adopted the final document as a “NAESB Model” Agreement. The Canadian Addendum offers market participants the ability to enter into purchases and sales of physical gas or options on physical gas in the Canadian markets.
    Lisa J. Mellencamp, Senior Counsel, Constellation Energy Commodities Group
    Lauren Teigland-Hunt, Attorney at Law, Teigland-Hunt & Associates LLP
    4:00 PM
    Taking Collateral from Canadian Counterparties
  • Eligible Collateral challenges under Canadian law
  • What you need to know about using the ISDA Collateral Support Annex
  • Using the Collateral Asset Definitions
    Harold Andersen, Associate, Stikeman Elliott LLP
    Alison Hwang, Manager – Prime Brokerage Client Service, Barclays Capital
    Johanna Schwab, Policy Director, ISDA
  • 5:00 PM
    Conference Concludes

    Agenda is subject to change

    ISDA has been approved by The Law Society and The General Council of The Bar of England and Wales as an accredited provider of Continuing Professional Development.

    Please click here for the Conference Registration Form.

    CONFERENCE VENUE: The Metropolitan Conference Centre, 333 Fourth Avenue, South West, Calgary, Alberta, T2P OH9 Phone: (403) 266-3876

    To obtain more information, please contact the ISDA conference department at 212-901-6000 or
    e-mail CONFERENCES@ISDA.ORG