ISDA Says 50% Greek Bond Haircut "Appears" Voluntary

Tyler Durden's picture




Well, they are right: 50% and the gun next to your head does not go off, hence "voluntary" or push for fair treatment in bankruptcy, get exiled from the ponzi in perpetuity, and hope for a 0% recovery at best. Next steps: the upcoming 90% haircut, which make no mistake is coming once the 50% one is deemed insufficient, just like the 21% before it, will also be voluntary? Thank you ISDA for confirming whose interests you have truly at heart, and for forcing everyone to take a quick peek at the members on your "determinations committee."

From ISDA (highlights ours):

NEWS RELEASE
For Immediate Release

ISDA Statement on CDS Credit Event Process

NEW YORK, Monday, October 31, 2011 – The International Swaps and Derivatives Association, Inc. (ISDA) today issued the following statement in order to ensure an accurate understanding of how credit events are determined for credit default swaps contracts. Today’s statement is intended to underscore key points articulated in the Greek Sovereign Debt Q&A, updated on October 31, which discussed this issue with regards to the Eurozone proposal for Greek debt.  Some media accounts of the information contained in the Q&A inaccurately described the credit event process.

The determination of whether a credit event occurs under CDS documentation is made by the relevant ISDA Determinations Committee (DC), which consists of 10 sell-side and five buy-side firms.  ISDA serves as secretary to, but does not sit on, the DC.  A supermajority of votes (12 of 15 DC members) is required to find that a credit event has occurred without the decision being subject to external legal review. A weaker majority decision would be subject to external legal review that might overturn such a determination. 

The DC’s review of a potential credit event comes after a proposal has been announced and its final terms are publicly available and only if a market participant requests the DC to take up the matter.  Neither of these has yet occurred with regards to the Greek sovereign debt situation.  No debt issued by the Hellenic Republic has been modified to date, nor have the formal terms for any such modification under the Eurozone proposal yet been released.  No market participant has yet made such a request to the DC.

When the DC does review a situation to determine whether a credit event has occurred, it does so using publicly available information and according to the terms of the ISDA Credit Derivatives Definitions.  The Definitions specify that for a credit event to occur, a restructuring must be binding on all holders of a particular bond or loan.

Based on what we know now, it appears from news reports that the Eurozone proposal involves a voluntary exchange that would not be binding on all holders. As such, it does not appear to be likely that the Eurozone proposal will trigger payments under existing CDS contracts. However, whether or not it does so will be decided by the DC on the basis of the specific facts, if a request is made to them.

More information on the credit event process and the ISDA Determinations Committee is available in the Greek Sovereign Debt Q&A at on the ISDA website and on the Determinations Committee section of ISDA’s website at http://www2.isda.org/determinations-committees/.

For More Information, Please Contact:
Lauren Dobbs, ISDA New York, +1 212 901 6019, ldobbs@isda.org
Rose Millburn, ISDA London, +44 203 088 3526, rmillburn@isda.org
Donna Chan, ISDA Hong Kong, +852 2200 5906, dchan@isda.org

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Mon, 10/31/2011 - 13:55 | 1829041 GeneMarchbanks
GeneMarchbanks's picture

Semantics it 'appears'

Mon, 10/31/2011 - 14:00 | 1829073 Oh regional Indian
Oh regional Indian's picture

I don't there has been a successful example of self-policing in recent human history (2000 years or so).

The Determinants are a joke. The world of busyness is mad. This contextual advertising is driving me nuts too. I know Hobby King sells the Stable Sor Air or the other for $65.97.

Everything is currently tending to swing too far on the wrong side. We will make a brief halt at the top of the swing though, all too ephemeral, eye of a fast travelling storm...

ISDA. Institute of Self Determined Asshats.

ORI

Awesome Art

Mon, 10/31/2011 - 14:18 | 1829178 Ahmeexnal
Ahmeexnal's picture

Bondholders take "voluntary" circumcision.

Mon, 10/31/2011 - 14:32 | 1829249 Hard1
Hard1's picture

Repeat after me:   This is not a credit event.  This is NOT a credit event!!

 

(I dunno what would a credit event would be)

Mon, 10/31/2011 - 15:06 | 1829374 malikai
malikai's picture

Isn't the better analogy "50% haircut or I commit suicide"?

10 sellside firms vs 5 buyside firrms? Who the fuck would sign up for that?

Mon, 10/31/2011 - 14:01 | 1829081 Clueless Economist
Clueless Economist's picture

The #OWS cretins are claiming that the NYPD is dropping drunks off in Zuccotti Park to cause trouble.

These moroms can't tell their the angry drunks from their fellow morons.

They need to clean that park out NOW.

Mon, 10/31/2011 - 14:05 | 1829107 NotApplicable
NotApplicable's picture

Corzine?

Mon, 10/31/2011 - 14:22 | 1829207 DoChenRollingBearing
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Clueless, Not,

Greens for you.  Ha ha!

Mon, 10/31/2011 - 14:10 | 1829116 Mercury
Mercury's picture

There have also been reports that Goldman Sachs is parachutting in scores of gender studies majors, street puppets and dirty hippies in an attempt to make OWS look like a bunch of shiftless and disorganized weirdos.

Mon, 10/31/2011 - 14:39 | 1829273 nonclaim
nonclaim's picture

If they dropped a large bag of FRNs right in the middle we would see if this OWS demands are for real. It would be a truly enjoyable moment and would cost GS lunch money at best.

Mon, 10/31/2011 - 15:21 | 1829430 kaiserhoff
kaiserhoff's picture

It "appears" that my dick is 24 inches long.

Oh hell, that's the ruler I use for fishing.

Mon, 10/31/2011 - 14:19 | 1829193 john39
john39's picture

why?  worried about something?

Mon, 10/31/2011 - 15:55 | 1829372 Loose-Tools
Loose-Tools's picture

Clueless, I see you have spread your cheeks and inserted your head again. Are you the resident Cro-Magnon here at ZH?

Mon, 10/31/2011 - 14:02 | 1829086 vast-dom
vast-dom's picture

A bona fide mess. No way this will get through in the end without violence. And violence generally ain't exactly semantics.

Mon, 10/31/2011 - 15:52 | 1829553 Balmyone
Balmyone's picture

If you're managing a fixed income portfolio at a big bank, and you held Italian, Spanish, Irish, or Portguese Debt, wouldn't you be SELLING since CDS is completely useless.

http://gainesvillecoins.com

Mon, 10/31/2011 - 19:42 | 1830109 Buck Johnson
Buck Johnson's picture

It sure is, our Western banking system is becoming a joke pure and simple.  When you don't like how the game is being played against you, change the rules.  You know things are bad when this happens.

Mon, 10/31/2011 - 13:55 | 1829044 gojam
gojam's picture

Voluntold !

Mon, 10/31/2011 - 14:05 | 1829104 CClarity
CClarity's picture

 However, whether or not it does so will be decided by the DC on the basis of the specific facts, if a request is made to them.

So someone make a request already!

Mon, 10/31/2011 - 13:56 | 1829045 Forgiven
Forgiven's picture

Back to work you lazy slaves!

Mon, 10/31/2011 - 13:57 | 1829046 Mercury
Mercury's picture

So.....sovereign CDS still trades because....?

Mon, 10/31/2011 - 13:58 | 1829057 GeneMarchbanks
GeneMarchbanks's picture

For show.

Mon, 10/31/2011 - 14:04 | 1829090 Divided States ...
Divided States of America's picture

Looks to me like ISDA is covering their own asses in case shit hits the fan. Wiping shit off your face dont mean you are now clean, especially when flies starts buzzing around you and no one wants to get near you because of the wreakness you possess.

And for sure, ISDA will be releasing many many more statements like this going forward.

Mon, 10/31/2011 - 21:55 | 1830489 FlyPaper
FlyPaper's picture

Well, when things don't go well for Bankers, they get someone to change the accounting to keep them afloat. (check).

Then they influence the regulatory body (this is only a pretend one) to make preverse decisions to further their misdeeds.  (check)

And when that doesn't work they go to the public and politicians, who depend on these morons for poly-contributions to vote them money (check)

And then the steal money from their clients and move it offshore in a way that is difficult to track.  (Check).

Then, if they are small enough the go belly up.   But if they are big enough and too well connected, then the Central Bank bails them out with funny money.  (check)   [Apparently MF Global is not too big to fail].

Time to make your voice heard.  This is total crap.

 

 

Mon, 10/31/2011 - 14:40 | 1829280 drivenZ
drivenZ's picture

If you don’t take the deal then your CDS is ok. If you do take the “voluntary” deal then you’re out of luck…As an aside, you don’t need to sit and wait for a credit event on a CDS you can get out and take your gains. 

Mon, 10/31/2011 - 15:41 | 1829523 kaiserhoff
kaiserhoff's picture

Same reason title and mortgage insurance still sell.  Sabe dios.

Mon, 10/31/2011 - 13:56 | 1829047 Ivanovich
Ivanovich's picture

This would appear good enough to cause the obligatory afternoon ramp up.

Mon, 10/31/2011 - 13:59 | 1829050 FunkyMonkeyBoy
FunkyMonkeyBoy's picture

Shove the 50% 'voluntary' hair-cut... and collect 100% on the CDS. THAT'S WHAT IT'S FOR! If you didn't purchase it for circumstances like these, then what did you purchase it for!?

Mon, 10/31/2011 - 14:04 | 1829095 No One
No One's picture

Obviously to enhance the profitability of those firms sitting on the ISDA Determination Committee. It does appear to a commoner like me that a Best Buy extended warranty may provide more value than CDS contracts on Sovereign Debt.

Mon, 10/31/2011 - 13:57 | 1829051 Joebloinvestor
Joebloinvestor's picture

In other words, the patient isn't dead until they determine it is.

A rotting stinking corpse doesn't matter.

Just the agreement, and then it is subject to argument.

 

I think a 50% "haircut" is an event fellas.

Mon, 10/31/2011 - 13:57 | 1829052 Cursive
Cursive's picture

ISDA:  Female anal porn "appears" voluntary

Mon, 10/31/2011 - 14:12 | 1829143 Lets Eat Grandma
Lets Eat Grandma's picture


The way those bond holders were flaunting their CDS, they were just asking for a 50% haircut.

Mon, 10/31/2011 - 14:48 | 1829310 Ropingdown
Ropingdown's picture

The eurozone governors wish to eliminate CDS trading on sovereigns.  The amazing thing is that the ISDA spokespeople appear to be going along with that wish, willing to throw away the entire sovereign CDS market.  We know Trichet threatened to allow a 100% default if IIF didn't accept a 50% default. It is exactly as if a rapist with a 9mm pistol said to a woman "Agree to take off your clothes and have sex with me voluntarily, or I'll shoot you."  As for insisting on the haircut ONLY for private holders, I can only call that criminal, the sovereigns of Europe expropriating the wealth of the pension funds and insurance companies.  Suppose the USA made that offer on US T's.  Think about it.

Mon, 10/31/2011 - 21:58 | 1830500 FlyPaper
FlyPaper's picture

Bankers extort governments; governments extort bankers.    I think the governments are getting the short end of this deal!

Mon, 10/31/2011 - 13:57 | 1829053 tim73
tim73's picture

Is there such thing as a honest Greek taxpayer. It seems everybody and his cousin Vinny (still dead since late 80's) are on the take there. 8 billion dollars worth of pension frauds. One huge crooked and corrupted cesspit.

Mon, 10/31/2011 - 14:01 | 1829084 NotApplicable
NotApplicable's picture

There's no such thing as an honest tax, therefore your question is moot.

Mon, 10/31/2011 - 14:03 | 1829097 Oh regional Indian
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Every "country" has been infected with a fatal flaw. With Greece, it's Taxes. With India it's corruption. WIth Germany it's fastidiousness. With America is Manifest Destiny/Jingoism. With England it's Alcohol/Football.

Cesspits all.

ORI

Mon, 10/31/2011 - 14:06 | 1829113 DoChenRollingBearing
DoChenRollingBearing's picture

ORI, some places are worse than others, trust me on this one.  Ever been to Pakistan?  I would like to hear your observations of THAT country.

Mon, 10/31/2011 - 14:12 | 1829145 Oh regional Indian
Oh regional Indian's picture

Never been DCRB, only heard First HAnd experiences. Truth is, in most ways except dominan religion, we are the same and similarly conditioned by the brisith.

I think I'd feel right at home in Pakistan. :-)

ORI

 

PS: It's really bad here in India. Prevelant, dominant, leech on the system. Egrigious too.

Mon, 10/31/2011 - 14:21 | 1829202 DoChenRollingBearing
DoChenRollingBearing's picture

That's too bad ORI about India being so bad.

Look around on some of the other threads to see my comments on Jon Corzine!

Sounds like he would fit right in with your local kleptocracy!

Mon, 10/31/2011 - 14:54 | 1829337 DogSlime
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edited for bad taste

 

Mon, 10/31/2011 - 14:11 | 1829137 slaughterer
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I think according to Greek law, even the recipients of the Greek pension funds that received the 50% haircut as well do not have a legal right to protest the haircut.   

Mon, 10/31/2011 - 14:45 | 1829291 Shirley Wilfahrt
Shirley Wilfahrt's picture

I'm assuming you are in USA.

Do you really still believe that the USA is in any better shape behind the statusquo curtain?

I know. I still don't want to believe...even though it is right in front of me....but that is just the MSM programmed debt monkey on my shoulder. He's a lying fuck. 

Mon, 10/31/2011 - 13:58 | 1829055 Josh Randall
Josh Randall's picture

Go long litigation - ISDA won't have the last word by a long shot

Mon, 10/31/2011 - 14:22 | 1829212 john39
john39's picture

the world will be broke long before litigation gets anything resolved.

Mon, 10/31/2011 - 14:04 | 1829065 williambanzai7
williambanzai7's picture

It is basic human nature to want 50 cents on every dollar you invest. That is why so many people literally line up for such deals without being forced.

Everything they teach you in business school is wrong.

And this does go to show what hyper bullshit those ISDA contracts and riders are.

Mon, 10/31/2011 - 14:23 | 1829183 Mercury
Mercury's picture

What kills me is that people actually threw/throw down for a CDS contract that says something like :

The determination of whether a credit event occurs under CDS documentation is made by the relevant ISDA Determinations Committee (DC), which consists of 10 sell-side and five buy-side firms.  ISDA serves as secretary to, but does not sit on, the DC.  A supermajority of votes (12 of 15 DC members) is required to find that a credit event has occurred without the decision being subject to external legal review. A weaker majority decision would be subject to external legal review that might overturn such a determination. 

That would be like holding Kardashian virginity insurance which only pays when her lawyer acknowledges that an "event" has transpired.

Mon, 10/31/2011 - 13:59 | 1829069 TheLooza
TheLooza's picture

What I struggle to understand here is why the resistance to calling this a triggering event.  My understanding is that the net notional Greek referencing CDS exposure is $3.75b. Not a big deal.  Are they working this hard to avoiding calling this a *default* for precedential value because of the high likelihood that this sequence will repeat itself on a much bigger stage (i.e. Italy and beyond)?

 

Mon, 10/31/2011 - 14:08 | 1829119 RickyBobby
RickyBobby's picture

me thinks yes.

Mon, 10/31/2011 - 16:58 | 1829765 Silver Bully
Silver Bully's picture

'My understanding is that the net notional Greek referencing CDS exposure is $3.75b. Not a big deal'

You can bet (heh) that that $3.75 beelyun CDS exposure has leverage times pi. The greek CDS is held by the major European banks. In turn, the rest of the world is exposed to them. As widely known, the banking sector is one big house of cards.

It may not be a stick of dynamite (Lehman), but I think you would pay very close attention if someone lit that bottlerocket (Greek CDS) superglued to your scrotum.

Mon, 10/31/2011 - 20:14 | 1830190 Hedge Fund of One
Hedge Fund of One's picture

Yes, as I understand, those who sold the CDS sold coverage on many times the notional value. That is how BoA wound up with $75 trillion of underlying derivative value that moved into the bank to use demand deposit accounts as collateral. There are not enough assets in the entire world to support the coverage that was written.

 

Mon, 10/31/2011 - 14:00 | 1829072 seek
seek's picture

This is like an insurance company refusing to pay on a car accident because you "volunteered" to be in the car when the accident happened.

So.... if your risk hedges don't hedge risks, risk off?

 

Mon, 10/31/2011 - 14:14 | 1829154 frugalman
frugalman's picture

I was thinking along these lines, that after paying for decades of life insurance, your widow may not be paid because you voluntarily ate too many cheeseburgers..

Mon, 10/31/2011 - 15:00 | 1829360 whisperin
whisperin's picture

What about these CDS's being considered fraudualant contracts? If 50% haircuts won't trigger it did you really sell something or they just inducements of fraud? When do the holders start creaming? Lastly, I wonder if the NY AG will take any action?

Mon, 10/31/2011 - 14:00 | 1829074 LMAO
LMAO's picture

Well, if it's voluntary then why not respectfully decline:

"No thank you!"

Mon, 10/31/2011 - 14:54 | 1829341 UP Forester
UP Forester's picture

'Cuz then they won't be invited to the party on the most recent "private" Greek island with ice sculptures pissing vodka and little 8-year-old boys running around naked "just asking for it....."

Mon, 10/31/2011 - 22:09 | 1830538 FlyPaper
FlyPaper's picture

Dude.  Yuck.

Mon, 10/31/2011 - 14:01 | 1829077 Cdad
Cdad's picture

Well, with a list of criminals like that one, who needs the rule of law?  Just make it up as you go, and make sure your interests top the list...including the interests of...HUMANITY!

Capital will not form in banks as corrupt as those on this list, and so the Greater American Depression will only roll on.

Mon, 10/31/2011 - 14:42 | 1829287 Theosebes Goodfellow
Theosebes Goodfellow's picture

~"Capital will not form in banks..."~

And it's not. Many are figuring out that banks, (save for maybe some credit unions), are not the "best" place for one's capital. Personally I choose a Ruger Alaskan to sit next to mine. Banks aren't the only folks with safes.

Mon, 10/31/2011 - 14:01 | 1829085 navy62802
navy62802's picture

What a joke.

Mon, 10/31/2011 - 14:02 | 1829087 LawsofPhysics
LawsofPhysics's picture

Time to enforce some "voluntary" haicuts around the world.  Paper pushing fucknuts burning down the world, got physical?

Mon, 10/31/2011 - 14:02 | 1829088 CClarity
CClarity's picture

Committee components are absurd.  Makes a mockery of the concept.  And why do they even bother to delineate by region.  Only the consulting members seem to change.

Mon, 10/31/2011 - 14:03 | 1829091 lolmao500
lolmao500's picture

Thai floods, very bullish for the japanese economy...

http://www.nationmultimedia.com/new/2011/10/18/business/images/30167951-...

Mon, 10/31/2011 - 14:03 | 1829096 tim73
tim73's picture

Haircuts will continue until morale improves!

Mon, 10/31/2011 - 14:03 | 1829098 RobotTrader
RobotTrader's picture

Problem:  Eurozone is in tatters, spreads blowing out.

Solution:  Buy RATE and "Stamps.com"

 

LOL.....

Mon, 10/31/2011 - 14:14 | 1829157 Ahmeexnal
Ahmeexnal's picture

No. Buy silver gulden, lira, escudos, schillings.

Mon, 10/31/2011 - 14:04 | 1829099 oceanview76
oceanview76's picture

"It depdends on what the definition of 'is' is."  - Slick Willie.

Mon, 10/31/2011 - 14:04 | 1829102 earnulf
earnulf's picture

50% is not voluntary, it is being imposed, ergo it's not voluntary.     The only reason some morons are accepting it is that they believe they will at least get their money back on 1 yr GGB's.      

ISDA speak with forked tounge!

Mon, 10/31/2011 - 14:05 | 1829103 DoChenRollingBearing
DoChenRollingBearing's picture

Great job Tyler.  Good digging.  That's why we come here.

+++++

Mon, 10/31/2011 - 14:05 | 1829105 FinalCollapse
FinalCollapse's picture

What is going to happen, if say 70% of creditors will take the voluntary haircut, and 40% will resist? Is it default for all, or is it on per case basis? 

Mon, 10/31/2011 - 14:09 | 1829127 tim73
tim73's picture

70+40...you must be one of those algo machine designers at Wall Street? :)

Mon, 10/31/2011 - 14:36 | 1829258 FinalCollapse
FinalCollapse's picture

Oooops - I got caught doing terrible math. I stand corrected 70-30. My apologies to all victims that were hurt. Funny - I have a degree in Mathematics - who knew?

Mon, 10/31/2011 - 15:05 | 1829371 Sig Sauer
Sig Sauer's picture

institution, please?

Tue, 11/01/2011 - 00:35 | 1830858 Hephasteus
Hephasteus's picture

I'm a mathematician not an arithmetician.

Mon, 10/31/2011 - 14:05 | 1829109 Chariots of the Feds
Chariots of the Feds's picture

Soooo if I understand correctly the sane are in the asylum and the insane are on the street

Mon, 10/31/2011 - 14:06 | 1829110 ziggy59
ziggy59's picture

Appearances have been known to be deceiving

Mon, 10/31/2011 - 14:06 | 1829111 SignsAndWonders
SignsAndWonders's picture

Unintended consequence: investors in eurozone sovereign debt require better yields since unclear if CDS will work as a hedge.

Mon, 10/31/2011 - 14:22 | 1829205 Lord Welligton
Lord Welligton's picture

Well yes.

But why would anyone buy any CDS at all.

If the Determination Committee can determine that you voluntarily agreed not to collect.

All yields should rise in the medium term.

Mon, 10/31/2011 - 14:06 | 1829112 gatorengineer
gatorengineer's picture

It is irrelevant as they will get a very low particiaption rate at 50%.......  Why take 50% when you can wait and trigger the insurance when default occurs.......  Vampire Squid have figured this out, and so should Zerohedge readers......

Mon, 10/31/2011 - 14:14 | 1829162 slaughterer
slaughterer's picture

Did MF have EZ sov CDS on their books?  Or was their position in Italian short-terms completely unhedged? 

Mon, 10/31/2011 - 14:17 | 1829175 srsly-wtf
srsly-wtf's picture

Who has to pay if an event is triggered?  Who sold all these CDS's?

Mon, 10/31/2011 - 14:23 | 1829213 Lord Welligton
Lord Welligton's picture

The Determination Committee?

Mon, 10/31/2011 - 14:35 | 1829265 gmrpeabody
gmrpeabody's picture

WINNING!!!

Mon, 10/31/2011 - 14:09 | 1829124 Bull_Colapse
Bull_Colapse's picture

Is it me or wount the DC just vote in favour of how their own trading book is structuered and then just argue the toss with whoever disagrees?

 

'Haircut' DECAPITATION is more fitting.

Mon, 10/31/2011 - 14:29 | 1829240 Strider52
Strider52's picture

50% decapitation, laff. What's that, some of your neck is still attached?

Mon, 10/31/2011 - 14:09 | 1829128 Piranhanoia
Piranhanoia's picture

When is the cage match?  Put all these folks in the ring, give them scissors, make them run,  and we may just have a partial solution to removing the embarrasing ring around the tub. The winner will be allowed to stay in the tub as it is sent out to sea from Sendai, anchored a few miles off shore, and nature will do the rest.

Mon, 10/31/2011 - 14:09 | 1829129 Translational Lift
Translational Lift's picture

Cha....When I blew my lunch after reading the headline....that APPEARED voluntary also.....

Mon, 10/31/2011 - 14:11 | 1829130 Sudden Debt
Sudden Debt's picture

 

 

Like the firing squad said to the guy tied to the pole in front of them just after they raised their guns:

IF YOU THINK THIS IS A BAD IDEA, RAISE YOU HAND!

1, 2, 3!

Mon, 10/31/2011 - 14:11 | 1829136 metaforge
metaforge's picture

[Fade to black. Close Act 2 Scene 3]

The show will go on after these words from our sponsors....

Mon, 10/31/2011 - 14:13 | 1829152 Sudden Debt
Sudden Debt's picture

better wait for those sponsors cheque's to clear.

 

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