Meaning
Regulatory provisions define the specific procedures for handling credit support and collateral transfers under standard derivative contracts. Under the framework of international swap agreements, isda master agreement section 42 governs the calculation and exchange of initial and variation margin between counterparties. It establishes the legal basis for valuing collateral and the timing for meeting margin calls.
The scope of this section is limited to over-the-counter derivatives that are not subject to mandatory central clearing.
Collateral Obligation
Parties must agree on the eligibility of assets used to satisfy the requirements of the contract. The isda master agreement section 42 dictates the haircuts applied to non-cash collateral like government bonds or high-quality corporate debt. This adjustment accounts for potential market volatility during the liquidation period.
Failure to deliver the required value constitutes an event of default under the broader agreement.
Valuation Protocol
Daily mark-to-market assessments determine the amount of margin owed. If the value of the underlying derivative position shifts, isda master agreement section 42 provides the mechanism for the party in the money to demand additional security. The calculation must follow the methodology specified in the Credit Support Annex.
Disputes over valuation are resolved through the independent appraisal process outlined in the text.
Enforcement Right
The non-defaulting party gains the right to seize and liquidate the posted collateral upon a breach of the agreement. This protection reduces the credit risk inherent in long-term swap arrangements. By codifying these rights, isda master agreement section 42 provides a clear path to recovery.