The Hawaiian Telcom Communications LCDS Auction relates to settlement issues concerning Hawaiian Telcom Communcations, Inc., which announced on December 1 that it had filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware in Wilmington. Hawaiian Telcom is included in the LCDX credit derivative index and is the subject of single-name loan CDS trades.

Cash settlement at the final price determined by an auction is contemplated by each of the standard documents for North American loan credit default swaps that have been published by ISDA and CDS IndexCo LLC in 2007 1. These documents provide that if an auction is held in respect of the reference entity and designated priority of loan referenced by the relevant transaction, then settlement of that transaction will be subject to the terms of that auction.

The circumstances in which an auction will be held are governed by the LCDS Auction Rules published by ISDA and CDS IndexCo (now part of Markit North America, Inc.) on May 22, 2007. Pursuant to these rules, the Eligible LCDX Members voted to hold an auction in respect of Hawaiian Telcom Communications, Inc., First Lien Loans. The terms of this auction are contained in the LCDS Auction Settlement Terms for Hawaiian Telcom Communications, Inc. (the “Auction Terms”), which were published by ISDA and Markit North America, Inc. on December 11.

This auction is scheduled for December 17, 2008. Markit Group Limited and Creditex Securities Corp. will administer the auction. The cash settlement date for Covered Transactions (as defined in the Auction Terms) will be December 29, 2008.

In order to ensure that a transaction is brought within the Auction Terms, parties must have delivered a credit event notice and notice of publicly available information (or entered into a settlement agreement deeming these notices to be delivered) effective on or prior to December 16, 2008. It should be noted that there is no requirement for the parties to adhere to a protocol in order for a transaction to be covered by the Auction Terms.

 

 

1.

These documents include the Syndicated Secured Loan Credit Default Swap Standard Terms Supplement published by ISDA on May 22, 2007, the LCDX Untranched Transactions Standard Terms Supplement published by ISDA and CDS IndexCo on May 22, 2007 and the LCDX Tranche Transactions Standard Terms Supplement published by ISDA and CDS IndexCo on September 25, 2007. Parties should note for this purpose that any single-name loan CDS transactions documented under the June 8, 2006 version of the Syndicated Secured Loan Credit Default Swap Standard Terms Supplement will have been updated to the 2007 form if both parties adhered to the ISDA LCDS Protocol.