The Effect Of Bankruptcy On An OTM Swap—Part II

The International Swaps and Derivatives Association Master Agreement serves as the basis for the vast majority of over-the-counter derivatives transactions. Two fundamental principles of the ISDA Master Agreement are: (1) upon the default of one party to a swap, the non-defaulting counterparty may terminate the swap, calculate its loss and claim damages; and (2) the obligation of each party to a swap to make payments to the other is subject to the satisfaction of the conditions precedent that no default has occurred with respect to the other party.