| ISDA
has prepared this brief summary of frequently asked questions to assist
in your consideration of the LCDS Protocol (the “Protocol”).
THIS FREQUENTLY ASKED QUESTIONS DOES
NOT PURPORT TO BE AND SHOULD NOT BE CONSIDERED A GUIDE TO OR AN EXPLANATION
OF ALL RELEVANT ISSUES OR CONSIDERATIONS IN CONNECTION WITH THE PROTOCOL.
PARTIES SHOULD CONSULT WITH THEIR LEGAL ADVISERS AND ANY OTHER ADVISER
THEY DEEM APPROPRIATE PRIOR TO USING OR ADHERING TO THE PROTOCOL. ISDA
ASSUMES NO RESPONSIBILITY FOR ANY USE TO WHICH ANY OF ITS DOCUMENTATION
OR OTHER DOCUMENTATION MAY BE PUT.
Adherence Letter Submission Process
When do I need to send in my Adherence Letter?
The Protocol is open between 9:00 a.m. New York Time on Tuesday, July
24, 2007 and 5:00 p.m. New York Time on Friday, September 14, 2007. Any entity
must email its Adherence Letter to ISDA by 5:00 p.m. New York Time on
Friday, September 14, 2007, or it will not be able to participate in the
Protocol.
How do I send in my Adherence Letter?
All Adherence Letters must be delivered by email to lcdsprotocol@isda.org.
In the email, you must submit both your conformed and
executed copies of the Adherence Letter.
The Adherence Letter(s) should be on your
institution’s letterhead. Nothing in the form Adherence Letter available
on ISDA’s website may be changed with the exception of completing
the details of your institutional name, date and signature block.
You are not required to send your original
Adherence Letter(s) by mail to ISDA.
What is a conformed copy?
A conformed copy of the Adherence Letter means that the name of the authorized
signatory (for example, Patricia Smith) is typed rather than having Patricia
Smith’s actual signature on the letter. ISDA only posts on its website
the conformed copy of all Adherence Letters.
You must also submit an executed, or signed,
copy of the Adherence Letter in addition to the conformed copy of the
Adherence Letter. ISDA keeps the executed copy of the Adherence Letter
for its files and does not share the executed copy with anyone else.
Who is an authorized signatory?
An authorized signatory to the Adherence Letter is an individual who has
the legal authority to bind the adhering institution.
What if I am an investment or asset manager
– how do I complete the signature block?
If you are an investment or asset manager and act on behalf of multiple
funds, you must indicate the following in the signature block: “Investment/Asset
Manager, acting on behalf of the funds and accounts listed in the relevant
Master Agreement between it and another Adhering Party”. A separate
Adherence Letter for each fund or account does not need to be submitted
to ISDA. Further, no specific names of clients of the investment/asset
manager will be publicly disclosed on the ISDA website in connection with
the Protocol.
Can I change the text of the Adherence
Letter?
No. The Adherence Letter must be in the same format as the
form letter published on ISDA's website. Please note that
this version is slightly amended from the version contained in the Protocol
because of the extension of the adherence period. You may obtain a copy
of the form Adherence Letter by visiting the ISDA website, www.isda.org
and clicking on “LCDS Protocol” and then clicking on “Form
of Adherence Letter”.
Does it cost any money to adhere to the
Protocol?
No.
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