A significant change is the calculation of the amount of the transaction that ends prematurely due to a delay event or termination event. In the 1992 form, the final amount of a transaction was determined by the market quotation (required by distributors` offers) or the loss (which was the finding of a party`s loss or profit) as determined in the timing of the master contract. The changes to the methodology of the amount of financial statements were motivated by doubts that, under stressed market conditions, it might be difficult to obtain meaningful ratings and that the «Loss» standard was too subjective. In the 2002 form, the amount of financial statements is the amount of losses or costs or profits (as appropriate) in the current circumstances, replacing or providing for the economic equivalent of the essential terms of the terminated transactions and potential option rights. With respect to determining the amount of the «close-out,» the determining party (i.e. the party determining the amount of the close-out) is accused of acting in good faith and applying economically appropriate procedures to achieve an economically reasonable result. Subject to this standard, the determining party may consider all relevant information, including third-party offers, market data provided by third parties, and certain types of information generated internally. The determining party must take into account offers or market data provided by third parties, unless it considers in good faith that they are not readily available or do not meet the «commercially appropriate» standard. The 2002 Masteragrement is expected to become the model agreement used by participants in international OTC derivatives markets. Pending a complete update of its documentary library, the 2002 Master Agreements parties will want to use certain pre-2002 documents as part of such agreements. In this context, even market participants who have not yet decided to enter into a 2002 master`s contract should consider signing the protocol. In submitting the loyalty letter, the contracting party agrees that the provisions of each selected schedule apply to each master contract concluded in 2002 with another contracting party, if or to the extent that their choice of this appendix is consistent with the loyalty letter submitted by the other party. The 2002 form contains many provisions to «rationalize» the document from a solvency perspective.
Among these changes, the 2002 Form is expected to be used by the market in the future, but it will take months for participants to clarify changes to the 1992 form and adjust the schedule to their respective needs and concerns. We would not expect end-users to accept all changes made in Form 2002 without changing their schedules. In addition, the transition from the use of an ongoing agreement on the basis of the 1992 form to the use of an agreement on the basis of the 2002 form should include, among other things.dem interaction between documents and related transactions, the need to amend other related documents, such as. B.dem the credit support annex. which may require changes to the operation of Form 2002 or other credit support documents or related transactional documents, (iii) operational, liquidity and credit issues, iv) the precise wording of amendments that, even in the case of «market practice,» may not be identical to the similar provisions already in the agreements reached, and (v) the need for new clearing notices.