The State also invoked the 2013 ISDA Good Practices Statement for the OTC Derivative Collateral Process (which contains a principle that parties should consult and decide on the negative definition) and the NI protocol. In light of these considerations, it will be interesting to see whether an appeal or other cases seeking a different outcome, by advancing different arguments or by placing the issue at a higher level of the Court of Justice, will be interesting. 13. The protocol defines specific agreements as ISDA collateral agreements and provides that only these agreements can be collateral agreements covered by the protocol. Can I use the protocol to amend an accompanying agreement with another adhering party that is not part of the ISDA publications? A provision of interest from the custodian bank is a provision of a given agreement which provides that the party to the ISDA guarantee agreement does not pay interest on the cash guarantees held by a custodian or that the custodian pays interest on cash security or that he places cash guarantees held by the custodian. The purpose of this provision is that if the parties hold a party (for example. B independent amounts) or all guarantees held with a third party, the pledgor would not pay the absolute value at a negative interest rate if the cash guarantee is held by a custodian. It is important to note that if some (for example. B the independent amounts), but not all the cash security, are held with a third-party custodian, the portion of the cash security held by the custodian would not be subject to the PROTOCOL BUT according to which the part of the cash security that is not held by the custodian would be subject to the protocol.
For example, if the insured party holds cash guarantees relating to the exposure, but not to the independent amounts, the Pledgor would pay the absolute value of a negative interest amount, since the cash guarantee is held by the insured party. The protocol provides a mechanism for the parties to amend the terms of their recorded accompanying agreements (as defined in the protocol and specified later in question 17) so that, if the amount of interest for a period of interest is negative, the Pledgor, the ceding, the debtor or the bidder are required to determine the absolute value of that negative interest amount to the guaranteed party. , the debtor or the purchaser.