ISDA Master Agreement and Credit Support Annex at Heart of Hedge Fund Collateral Dispute

BDC Finance LLC has filed a lawsuit against Barclays Bank Plc, its counterparty in a derivatives facility that involved both total return swap and credit default swap index transactions.  The suit – like the recent Lehman Brothers bankruptcy and SIPA filings – highlights the importance of close attention to the terms of ISDAs and related swap documentation, especially the identity of the valuation agent in various circumstances and the parties’ obligations with respect to posting and return of collateral.

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