ISDA®
INTERNATIONAL SWAPS AND DERIVATIVES ASSOCIATION

NEWS RELEASE

For Immediate Release Monday, January 23, 2006

For More Information, Please Contact:

Scott Marra, ISDA New York, 212-901-6013, smarra@isda.org

Louise Marshall, ISDA New York, 212-901-6000, lmarshall@isda.org

 

 

ISDA Publishes Revised Pay-As-You-Go or Physical Settlement Form for CDS on ABS

 

NEW YORK, Monday, January 23, 2006 The International Swaps and Derivatives Association (ISDA) has today published a revised template for CDS on ABS with Pay-As-You-Go (PAUG) or Physical Settlement (Credit Derivative Transaction on Asset-Backed Security with Pay-As-You-Go or Physical Settlement Form I). The template is designed for use primarily with a Reference Obligation that is a residential mortgage-backed security or commercial mortgage‑backed security. It is anticipated that the template will be used mainly, but not exclusively, in North America, where these securities are more commonly referenced in a CDS on ABS transaction. This form was originally published in June 2005.

 

ISDA launched a second template for use with CDS on ABS with pay-as-you-go settlement (Form II) in December, 2005. The Credit Derivative Transaction on Asset-Backed Security with Pay-As-You-Go Settlement (Form I and Form II) templates are anticipated to be primarily of use in flow transactions.

 

Under a PAUG instrument, the seller of protection pays the protection buyer in the event that an interest shortfall, a writedown or a principal shortfall occurs with respect to the relevant underlying instrument.

 

“The revisions respond to evolutions in the CDS on ABS product area and will help these instruments continue to thrive,” said Robert Pickel, Executive Director and Chief Executive Officer, ISDA. “With each of these forms, ISDA is assisting continued innovation in the application of credit risk mitigation tools.”

 

There are several key differences between the two PAUG templates:

 

*  Form I includes implied writedown provisions that would require payments by the seller and buyer respectively if losses occur to the underlying instruments that do not result in reductions of the outstanding principal of the reference obligation.

 

Form II, on the other hand, eliminates implied writedown provisions and requires seller payments only upon the occurrence of writedowns that are contemplated under the underlying instruments and that (a) reduce the outstanding principal amount of the reference obligation or (b) reduce the amount of interest payable on the reference obligation.

 

* Form I contains step-up provisions that give the buyer the option to terminate the transaction or to continue at the higher rate.  A "step-up" is an increase in the coupon of the reference obligation due to the failure of the issuer or a third party to redeem, cancel or terminate an obligation in accordance with the underlying instruments.

 

By contrast, under Form II, changes in the coupon of a fixed rate obligation or the spread of a floating rate obligation are given effect, and the transaction continues.  If the coupon or spread of the reference obligation increases, the fixed rate also increases.

 

*  Form I determines interest shortfalls without giving effect to available funds cap or other provisions in the underlying instruments which limit distributions and provide for capitalization or deferral of interest, or that provide for the extinguishing or reduction of such payments. Form I also contains interest shortfall cap provisions that can limit interest to either a fixed or variable cap.

 

Form II determines any interest shortfall after giving effect to all available funds cap reduction provisions, including any provision of the underlying instrument that provide for the capitalization or deferral of interest on the reference obligation, or which limit the interest entitlement or rate at which interest is determined pursuant to a prepayment interest shortfall, basis risk shortfall, or funds cap provision. 

 

* When a credit event occurs, the buyer has the option under Form I to reduce all or a portion of the notional amount via physical settlement. In contrast, Form II does not provide a buyer’s option for physical settlement.

 

Neither template is for use with negative basis trades.

 

About ISDA

ISDA is the global trade association representing leading participants in the privately negotiated derivatives industry. ISDA was chartered in 1985, and today has more than 670 member institutions from 50 countries on six continents. These members include most of the world's major institutions that deal in privately negotiated derivatives, as well as many of the businesses, governmental entities and other end users that rely on over-the-counter derivatives to manage efficiently the financial market risks inherent in their core economic activities. Information about ISDA and its activities is available on the Association's web site: www.isda.org.

 

 

®ISDA is a registered trademark of the International Swaps & Derivatives Association, Inc.