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Credit Derivatives - Finance and Banking


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This practice note focuses on credit default swaps (CDS) (both
single-name and index) and provides a high-level overview of their
functioning, with a particular emphasis on corporate CDS. Although
the product may appear relatively simple at first sight, it is
governed by a complex set of rules. Investors should seek to fully
understand their terms before they trade the product in an effort
to avoid falling into a trap for the unwary.
Credit derivatives are financial contracts enabling market
participants to take, reduce, or transfer credit exposure on a ....

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Unwelcome Intrusion: Reckoning with the Impact of Economic Sanctions on Derivatives Transactions | Cadwalader, Wickersham & Taft LLP


I. A Growing Risk
The United States, along with the United Kingdom and European Union, has increasingly wielded economic sanctions against major commercial actors and financial transactions, sometimes roiling global markets in the process. It is now common for sanctions to target not only rogue regimes, terrorists, and drug traffickers, but also major corporations that are deeply integrated into international financial markets – including derivatives markets. For evidence of this trend, one need look no further than the November 12, 2020 Executive Order (“E.O.”) “on Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.” The Order prohibits transactions by U.S. persons in the securities of identified Communist Chinese military companies (“CCMCs”), including “any securities that are derivative of, or are designed to provide investment exposure to such securities.” ....

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