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Credit Strategy
Monolines: A Potential CDS Settlement Disaster?
With the exception of ACA, monolines are rallying on news of a potential private
Glen Taksler sector solution. Nonetheless, should a Credit Event occur in a monoline (for example,
(212) 933 2559 ACA), we see huge potential problems for settling CDS contracts. Even a Credit Event
for a relatively small monoline, such as ACA, could have significant implications,
The CDS market has because protection holders on larger monolines may demand a higher premium, to
never settled a Credit compensate for lessons learnt.
Event on a monoline
insurer. At an intuitive level, the CDS market has never seen a monoline Credit Event before.
Each time an important new issue arises in CDS, the market learns that it should have
written the contracts governing CDS contracts somewhat differently. For example,
following the Conseco Restructuring in 2000, protection Buyers delivered long bonds
Each time an important whose value was significantly below par. This eventually resulted in the CDS market
new issue arises in CDS, implementing Modified Restructuring, which limits the maturity date of bonds that may
2
the market learns that it be delivered following a Restructuring. Similarly, following the Railtrack Bankruptcy
should have written the in 2000, there was a debate as to whether convertible bonds were deliverable into CDS
contracts governing CDS contracts. This eventually resulted in changes to the ISDA Credit Derivatives
contracts somewhat Definitions, which explicitly state circumstances under which convertible bonds are
differently. 3
deliverable .
Monoline CDS contracts are governed by the usual 2003 ISDA Credit Derivatives
The protection Buyer may Definitions, plus a 2005 Monoline Supplement. This supplement allows the protection
deliver debt which is Buyer to deliver debt which is wrapped (guaranteed) by the monoline insurer, such as a
wrapped by the monoline, municipal bond or super senior CDO tranche. These Deliverable Obligations are in
in addition to bonds and addition to the direct debt of a Reference Entity—i.e., bond or loan—which is
loans. deliverable under standard CDS contract language.
Should an investor want to deliver a CDO tranche—for example, a super senior—that
Should an investor want tranche must be guaranteed directly by the monoline, so that the insured instrument
to deliver a CDO tranche, (i.e., the tranche) is Borrowed Money. Quoting from the ISDA 2005 Monoline
Supplement (emphasis added):
“Qualifying Policy” means a financial guaranty insurance policy or similar
financial guarantee pursuant to which a Reference Entity irrevocably guarantees
2
In Europe, the CDS market now uses Modified-Modified Restructuring. For details, please see our Credit Default Swap Primer:
Third Edition, February 28, 2007.
3
Convertible ranks pari passu or better in seniority to the reference obligation.
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Typically, monolines Typically, monolines issued a financial guarantee (wrap) on CDS on super senior
issued a financial tranches, not the underlying super senior tranche. This was done for two main reasons.
guarantee on CDS on First, dealers were not in the business of marking and trading financial guarantees,
CDO tranches, not the whereas they are accustomed to trading CDS. More importantly, CDS is typically
underlying tranche. marked-to-market daily, whereas our understanding is that financial guarantees need
not be re-marked unless they become impaired—that is, unless the tranche suffers a
loss of principal. Since dealers owned the underlying CDO tranche and wanted to be
able to offset potential (now actual) mark-to-market losses, CDS was more attractive
than a direct financial guarantee.
Figure 2 shows a sample structure which would allow for effective insurance from a
monoline, but would not be deliverable into CDS contracts. In this structure, a bank
owns a CDO tranche. The bank buys protection from a special purpose vehicle (SPV).
In exchange, the bank receives CDS protection from the SPV. At the same time, a
premium is paid to the monoline, in exchange for a financial guarantee on the CDS.
The bank is thus protected against lost of principal and interest payments.
MBIA provides this description of the process:
LaCrosse Financial Products, LLC (LaCrosse) was created in December 1999 to act
as a counterparty for structured derivative products, primarily pooled credit default
swaps. While MBIA does not have a direct ownership interest in LaCrosse, it is
consolidated in the financial statements of the Company on the basis that substantially
all risks and rewards are borne by MBIA. MBIA's guarantees of synthetic CDOs are
typically executed through LaCrosse, which enters into a credit default swap with the
counterparty. MBIA Insurance Corp., through a financial guarantee policy, then
4
guarantees the obligations of LaCrosse under the credit default swap.
However, because the wrap is not on the CDO tranche itself, the CDO tranche would
not be deliverable into CDS contracts referencing the monoline insurer.
Figure 2. Example of CDO Tranche Which Would Not Be Deliverable into Monoline CDS
Monoline Financial Guarantee Is on CDS Written by the SPV on the Tranche, Not on the Tranche Itself
Monoline
insurer
4
Source: Company website.
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Before the beginning of Before the beginning of the auction, a list of Deliverable Obligations is established, and
the auction, a list of any of those obligations may be delivered/received if a dealer is required to trade. For
Deliverable Obligations is example, in the Delphi auction, the 6.55% June 2006, 6.50% May 2009, 6.50% August
established. That is far 2013, and 7 .125% May 2009 all were Deliverable Obligations. Similar to CDS, dealers
more straightforward for participating in the auction quote markets assuming they will exchange the cheapest-to-
non-monolines, where deliver.
only bonds and loans are
deliverable. Deliverable Obligation Challenges
To assemble a list of Deliverable Obligations for a monoline:
1. The dealer community would have to agree that the each proposed Deliverable
Obligation is indeed deliverable into CDS contracts. This is possible but time-
consuming.
2. Each dealer then would have to value each Deliverable Obligation to
determine the cheapest-to-deliver obligation. This would be a time-consuming
and difficult process, which could exceed the 30 calendar days within which
parties normally settle credit default swaps.
5
Even under cash settlement, parties are able to request to physical settlement, should they desire to do so, and are granted such
requests to the extent that another party is willing to take the opposite position. For details, please see our Credit Default Swap
Primer: Third Edition, February 28, 2007.
6
This is only an approximate, and incomplete, description of the CDS (“cash”) settlement process. For further details, please see
our Credit Default Swap Primer: Third Edition, February 28, 2007.
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Outlook
To be clear, we think that To be clear, we think that CDS (“cash”) settlement protocols are generally a good, and
CDS (“cash”) settlement necessary, part of the CDS market. We would prefer to see a protocol following a
protocols are generally a potential monoline Credit Event, but express concern that the methodology may need
good, and necessary, to be changed substantially for monolines to be successful and to avoid forcing all
part of the CDS market. parties into physical settlement.
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connection with one or more of the securities issued by these companies: General Motors Corporation, Lear Corporation, Reliant Energy, Inc.
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19 Situation Room
Banc of America Securities — Debt Research Directory
Paula Dominick, Global Head of Debt and Equity Research (212) 847 5322
Credit Strategy Research High Grade Research High Yield Research
Jeffrey A. Rosenberg, CFA (212) 933 2927 Dennis P. Coleman, CFA (212) 847 6224 Larry Bland (212) 847 6502
Head of Credit Strategy Research Head of High Grade Research Head of High Yield Research
Michael Contopoulos (212) 933 3372 Energy, Pipelines, Master Limited Partnerships Healthcare, Deathcare
Lighthouse Portfolio Strategy & Analytics Michael J. Barry (212) 933 2547 Andrew Brausa (212) 847 6481
Ivy Li, CFA +852 2847 6346 Insurance Building Materials, Homebuilding
Asian Credit Strategy, BASAL Andrew Bressler, CFA (202) 442 7454 Ana Goshko (212) 847 5936
Hans Mikkelsen (212) 847 6468 Washington Healthcare Telecommunications, Towers
High Grade Kevin Christiano (212) 933.2485 Bo Hunt (212) 847 5435
Clemens Mueller (212) 933 2577 Media, Telecommunications Chemicals
High Yield Todd Duvick, CFA (704) 388 5053 Lionel Jolivot (212) 583 8399
Olivera Radakovic (212) 933 2496 Food & Beverage, Supermarkets, Consumer Aerospace & Defense, Industrials, Services
Lighthouse Data Analysis & Indices Gerardo Fuentes (212) 847 6208 Douglas Karson (212) 933 2405
Glen Taksler (212) 933 2559 Technology Autos
Derivatives Strategy John Guarnera (704) 683 4878 James Kayler, CFA (212) 847 5223
Domestic Banks, Finance Companies Gaming, Lodging & Leisure, Restaurants
Douglas Karson (212) 933 2405 Kelly J. Krenger (212) 847 6410
Aerospace/Defense, Manufacturing, Autos Energy
Marisa B. Moss (212) 583 8493 William M. Reuter (212) 933 3363
Transportation Consumer, Retail
David K. Peterson, CFA (704) 386 9419 Peter D. Quinn, CFA (212) 583 8284
Healthcare Electric Utilities & Power
Peter D. Quinn, CFA (212) 583 8284 Eric Toubin, CFA (212) 847 6498
Electric Utilities & Power Technology, Food & Beverage
Beth Slade (212) 933 2469 Stephen Weiss (212) 933 2298
Building Materials Cable/Satellites, Broadcasting/Publishing, Theaters
Justin Starnes (704) 386 5466
Healthcare REITs
The persons listed on this directory have the All research analysts are employed by Banc of
title “research analyst”. Unless otherwise America Securities LLC (BAS) except as noted
noted, any other contributors named on the above.
front cover of this report but not indicated
above have the title “research associate”.