The Situation: The International Swaps and
Derivatives Associations, Inc. ("ISDA") is in the process
of amending its credit derivatives documentation to address
concerns market participants and regulators have raised regarding
narrowly tailored credit events ("NTCEs").
The Result: Following up on the Narrowly
Tailored Credit Event Supplement ("NTCE Supplement") it
published in July 2019, ISDA published the ISDA 2019 NTCE Protocol
("NTCE Protocol") on September 16, 2019, which should
enable parties to efficiently amend many of their outstanding
credit default swaps ("CDS").
Looking Ahead: Market participants have less
than a month to decide whether or not to adhere to the NTCE
Protocol.