On March 9, 2012 the EMEA Credit Derivatives Determinations Committee resolved that a Restructuring Credit Event occurred in respect of The Hellenic Republic and subsequently resolved that an Auction would be held.
This page contains details of the DC Resolutions, auction documentation and other items relating to the auction for The Hellenic Republic. Further documentation relating to the auction will be added as it becomes available.
Please note that ISDA has published a Uniform Settlement Agreement to facilitate the orderly settlement of transactions that are subject to the above Credit Event announcement. This is below, together with a Frequently Asked Questions document for reference.
In light of the expedited auction process in respect of The Hellenic Republic, the time period provided in Section 3.3 of the DC Rules for the publication of the Final List of Deliverable Obligations has been foreshortened by the EMEA DC. Please refer to the document above entitled “Submission of Potential Deliverable Obligations and Challenges (UPDATED March 12, 2012)” for further details as to the revised timings.
For the purposes of the 2012 The Hellenic Republic Credit Derivatives Auction Settlement Terms (the “AST”), the Physical Settlement Period for International Law Obligations (as defined in the AST) has been shortened as set out below.
The International Law Obligations are subject to The Hellenic Republic’s Private Sector Involvement (“PSI”) exercise. The expiration date for holders of the International Law Obligations to tender them for exchange or to submit their consent to do so expires on 23 March 2012. Therefore, the Physical Settlement Period for the International Law Obligations has been shortened so that the recipients of such bonds may participate in the tender offer. The Physical Settlement Period for the International Law Obligations is:
(a) one Business Day following the Auction Date in relation to a Customer Buy RAST;
(b) two Business Days following the Auction Date in relation to an Auction RAST; and
(c) three Business Days following the Auction Date in relation to a Customer Sell RAST.
In light of the short Physical Settlement Periods for International Law Obligations,
(i) the period during which a NOPS Amendment Notice specifying one or more International Law Obligations as Deliverable Obligations can be effectively delivered has been shortened to one Business Day following the Auction Date in relation to a Customer Buy RAST, two Business Days following the Auction Date in relation to an Auction RAST and three Business Days following the Auction Date in relation to a Customer Sell RAST; and
(ii) if Buyer fails to deliver International Law Obligations during the applicable Physical Settlement Period and Seller fails to buy-in the International Law Obligations on the Business Day after the relevant Physical Settlement Date, Buyer will be required to deliver a NOPS Amendment Notice specifying Deliverable Obligations which are not International Law Obligations.
Additional Information regarding triggering
If you intend on triggering through DTCC, please note that paragraph B of Section VIIIA (Processing for Restructuring Credit Events) of the Operating Procedures for the Warehouse Trust Company (which can be found here) includes language that confirms that a trigger through DTCC (credit event notice facility) constitutes deemed delivery of a Credit Event Notice and as such, no additional notices are required to be delivered to trigger the occurrence of an Event Determination Date.