Article 216
Additional requirements for credit derivatives
1.
Credit derivatives shall qualify as eligible unfunded credit protection where all the conditions in Article 213 and all the following conditions are met:
(a)
the credit events specified in the credit derivative contract include:
(i)
the failure to pay the amounts due under the terms of the underlying obligation that are in effect at the time of such failure, with a grace period that is equal to or shorter than the grace period in the underlying obligation;
(ii)
the bankruptcy, insolvency or inability of the obligor to pay its debts, or its failure or admission in writing of its inability generally to pay its debts as they become due, and analogous events;
(iii)
the restructuring of the underlying obligation involving forgiveness or postponement of principal, interest or fees that results in a credit loss event;
(b)
where credit derivatives allow for cash settlement:
(i)
institutions have in place a robust valuation process in order to estimate loss reliably;
(ii)
there is a clearly specified period for obtaining post-credit-event valuations of the underlying obligation;
(c)
where the protection purchaser's right and ability to transfer the underlying obligation to the protection provider is required for settlement, the terms of the underlying obligation provide that any required consent to such transfer shall not be unreasonably withheld;
(d)
the identity of the parties responsible for determining whether a credit event has occurred is clearly defined;
(e)
the determination of the credit event is not the sole responsibility of the protection provider;
(f)
the protection buyer has the right or ability to inform the protection provider of the occurrence of a credit event.
Where the credit events do not include restructuring of the underlying obligation as described in point (a)(iii), the credit protection may nonetheless be eligible subject to a reduction in the value as specified in Article 233(2);
2.
A mismatch between the underlying obligation and the reference obligation under the credit derivative or between the underlying obligation and the obligation used for purposes of determining whether a credit event has occurred is permissible only where both the following conditions are met:
(a)
the reference obligation or the obligation used for the purpose of determining whether a credit event has occurred, as the case may be, ranks pari passu with or is junior to the underlying obligation;
(b)
the underlying obligation and the reference obligation or the obligation used for the purpose of determining whether a credit event has occurred, as the case may be, share the same obligor and legally enforceable cross-default or cross-acceleration clauses are in place.