International Swaps and Derivatives Association, Inc. (ISDA®)

Understanding the ISDA Master Agreements Conference
With Comprehensive Sessions on:
Key differences between the 2002 and the 1992 ISDA Master Agreements
Negotiating the Schedule to the 2002 ISDA Master Agreement and
Understanding the ISDA Credit Support Annex

5 CLE Credit Hours Available (Daini Tokyo Bar Association)

November 12, 2008
ANA InterContinental Tokyo
TOKYO

PROGRAM AGENDA

Note: Remarks of all speakers will be simultaneously transmitted in Japanese and English
8:00 AM

Registration

8:45 AM
Welcoming Remarks
Kumi Namba, Assistant Director, Policy, ISDA
9:00 AM

The 2002 ISDA Master Agreement
Section-by-section analysis of the 2002 ISDA Master Agreement
Discussion of key differences between the 2002 ISDA Master Agreement and the 1992 ISDA
   Master Agreement
New measure of damages, Close-out Amount
Amendments to the Events of Default and Termination Events
New Set-Off provision
New consolidated interest rate provisions
2001 ISDA Cross-Agreement Bridge
Netting opinions
Aaron Comerford, Counsel, Allen & Overy
Tomoaki Ikenaga, Partner, Anderson Mori & Tomotsune
Tomohiko Oshikawa, Vice President & Assistant General Counsel, Legal, J.P. Morgan

10:30 AM
Morning Break
11:00 AM

The 2002 ISDA Master Agreement (continued)

12:30 PM
Luncheon
1:45 PM
Negotiating the Schedule to the 2002 ISDA Master Agreement
This session will focus on key issues that firms typically negotiate in their Schedule to the 2002 Agreement. Frequently negotiated Schedule provisions will be discussed:
Automatic Early Termination
Specified Entities
Specified Transactions
Cross Default
Threshold Amounts
Additional Termination Events
Additional Representations
Shimpei Nakada, Partner, Nishimura & Asahi
3:00 PM
Afternoon Break
3:30 PM
Understanding the ISDA Credit Support Annex
The ISDA Credit Support Annex under English law forms part of the Schedule of the ISDA Master Agreement. It is designed to document security arrangements involving the use of cash or readily marketable securities to secure the risk either or both parties may have under the ISDA Master Agreement to which the ISDA Credit Annex relates. This session will examine critical provisions in the ISDA Credit Support Annex under English Law, including defining credit support obligations and effecting transfers, calculations and substitutions of collateral, dispute resolution, holding and usage of posted collateral, events of default, standard representations and rights and remedies, as well as various elections and variables. The session will also discuss ISDA Credit Support Annex under Japanese law, which permits parties to elect one of two legal structures, i.e. a traditional security pledge or “lending collateral” approach (comparable to English title transfer approach).
Akihiro Wani, Partner, Linklaters
Toby Gray, Partner, Linklaters
5:00 PM
Conference Concludes

Agenda is subject to change

Please click here for the Conference Registration Form.

CONFERENCE VENUE: ANA InterContinental Tokyo, 12-33, Akasaka 1-chome, Minato-ku, Tokyo 107-0052
Telephone: 81 3 3505 1111

To obtain more information, please contact the ISDA conference department at +1 212-901-6000 or
e-mail CONFERENCES@ISDA.ORG

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