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Full-Text Articles in Law

Payee Tax Representations & The Isda Master Agreement, Christian Johnson Jul 2001

Payee Tax Representations & The Isda Master Agreement, Christian Johnson

Christian A. Johnson

Negotiations over the payee tax representations to be made in an ISDA Master Agreement are often confusing, acrimonious and slow. U.S. negotiators, at the urging of expensive tax counsel, often insist that their foreign counterparties make comprehensive tax representations for U.S. tax purposes and deliver certain IRS tax forms to them. Typically, foreign counterparties resist making these representations because they don't understand the purposes behind them. However, these payee tax representations, and the related delivery of tax forms, serve important purposes.


Liquidity & The Isda Master Agreement, Christian Johnson Apr 2001

Liquidity & The Isda Master Agreement, Christian Johnson

Christian A. Johnson

Ensuring liquidity should be the primary goal in negotiating an ISDA Master Agreement (the "Agreement") for smaller, non-rated customers, such as a hedge fund or a middle-market corporation. Often highly leveraged and with little room for error, these customers should focus their efforts when negotiating the Agreement with a dealer on limiting the dealer's opportunity to terminate the Agreement. Unfortunately, however, customers (typically through expensive outside counsel), often instead use up valuable negotiating capital on esoteric legal issues that may only remotely affect a customer's situation.


Rehypothecation Risk, Christian Johnson Apr 2001

Rehypothecation Risk, Christian Johnson

Christian A. Johnson

Granting rehypothecation or "use rights" with respect to pledged collateral is common in the over-the-counter derivative market. In fact, subject to the pledgor's consent, the credit support annex to the International Swaps and Derivatives Association master agreement provides the secured party with the right to rehypothecate, or use for its own purposes, collateral pledged to it---subject only to the obligation to return the collateral once the pledgor has satisfied its obligations. Customers, however, are often alarmed to learn that the dealer requires such an unrestricted right to use and sell the pledged collateral.


Banking, Antitrust And Derivatives: Untying The Antitying Restrictions, Christian Johnson Dec 2000

Banking, Antitrust And Derivatives: Untying The Antitying Restrictions, Christian Johnson

Christian A. Johnson

This article argues that expressly requiring a borrower to enter into an OTC derivative with a bank as a condition for receiving credit does not violate the antitying restrictions of the Bank Holding Company Act ("BHCA"). Part I of this article discusses the nature of OTC derivatives and demonstrates through examples how OTC derivatives can enable a borrower to minimize various business risks. Part II examines how banks are encouraging their borrowers to utilize various risk management techniques such as OTC derivatives and discusses the impact of BHCA on such efforts. Finally, Part III analyzes the elements of tying a ...


Hard Law V. Soft Law: Unnecessary Dichotomy?, Cynthia C. Lichtenstein Dec 2000

Hard Law V. Soft Law: Unnecessary Dichotomy?, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.


Musings On The Seeming Inevitability Of Global Convergence In Banking Law Dec 2000

Musings On The Seeming Inevitability Of Global Convergence In Banking Law

Patricia A. McCoy

No abstract provided.


The Law And Economics Of Remedies For Predatory Lending Dec 2000

The Law And Economics Of Remedies For Predatory Lending

Patricia A. McCoy

No abstract provided.