2006 Calpine CDS Protocol
The 2006 Calpine CDS Protocol (the “Protocol”) relates to settlement issues concerning Calpine Corporation (“Calpine”), a U.S. company that filed for bankruptcy on December 20, 2005. Calpine is a power company that is included in various credit derivative indices, including those published by Dow Jones CDX and TRAC-X. The purpose of the Protocol is to offer market participants an efficient way to address the settlement issues relating to trades on credit derivative indices that included Calpine. The Protocol will offer institutions the ability to amend their documentation for the index trades in order to utilize an auction process scheduled for January 17, 2006 to determine the final price for a Calpine bond. Markit Group Limited and Creditex, Inc. will administer the auction. It should be noted that, unlike other ISDA Protocols, there is no adherence fee associated with ISDA members or non-ISDA members submitting Adherence Letters in connection with the 2006 Calpine CDS Protocol. The 2006 Calpine CDS Protocol is open to ISDA members and non-members. The Protocol will be open between January 9, 2006 and January 12, 2006. |
PLEASE NOTE: THIS PROTOCOL IS CLOSED.
The following documents must be submitted via email to the ISDA office in New York in order to adhere to the 2006 Calpine CDS Protocol:
ISDA will only accept email delivery of Adherence Letters. An Adhering Party is not required to send original Adherence Letters to the ISDA offices. Please submit all Adherence Letters via email to calpineprotocol@isda.org. It is critical that both a scanned, signed Adherence Letter, as well as a scanned, conformed Adherence Letter is submitted. Entities will not be deemed to have adhered to the Protocol until both the signed and conformed Adherence Letters are submitted by email in accordance with the Adherence Period. No other documents are required in order to adhere to the 2006 Calpine CDS Protocol. Supporting documentation, such as board resolutions or a list of authorized signatures, can be provided and will be held in safekeeping by ISDA, but it is not necessary to submit such documents in order to adhere to the Protocol. Access to supporting documentation will only be provided if requested in writing. The Protocol will open for adherence on Monday, January 9, 2006. Email address for Delivery of Adherence Letters: Policy Regarding Conformed Copies The most common problem experienced in the adherence process for prior Protocols was the failure to include a conformed copy of the Adherence Letter. We remind parties that a conformed copy, together with a signed copy, must be submitted to ISDA in connection with adherence to the 2006 Calpine CDS Protocol. |
Frequently Asked Questions
ISDA has prepared this brief summary of frequently asked questions to assist in your consideration of the 2006 Calpine CDS Protocol (the “Calpine Protocol”). THIS FREQUENTLY ASKED QUESTIONS DOES NOT PURPORT TO BE AND SHOULD NOT BE CONSIDERED A GUIDE TO OR AN EXPLANATION OF ALL RELEVANT ISSUES OR CONSIDERATIONS IN CONNECTION WITH THE CALPINE PROTOCOL. PARTIES SHOULD CONSULT WITH THEIR LEGAL ADVISERS AND ANY OTHER ADVISER THEY DEEM APPROPRIATE PRIOR TO USING OR ADHERING TO THE CALPINE PROTOCOL. ISDA ASSUMES NO RESPONSIBILITY FOR ANY USE TO WHICH ANY OF ITS DOCUMENTATION OR OTHER DOCUMENTATION MAY BE PUT. This Frequently Asked Questions webpage is divided into three sections: (i) questions relating to the submission of Adherence Letters; (ii) questions relating to the election of an entity not to participate in the Calpine Protocol; and (iii) questions relating to the substance of the Calpine Protocol itself. Adherence Letter Submission Process How do I send in my Adherence Letter? The Adherence Letter(s) should be on your institution’s letterhead. Nothing in the form Adherence Letter available on ISDA’s website may be changed with the exception of completing the details of your institutional name, date and signature block. You are not required to send your original Adherence Letter(s) by mail to ISDA. What is a conformed copy? You must also submit an executed, or signed, copy of the Adherence Letter in addition to the conformed copy of the Adherence Letter. ISDA keeps the executed copy of the Adherence Letter for its files and does not share the executed copy with anyone else. Who is an authorized signatory? What if I am an investment or asset manager – how do I complete the signature block? However, in order for Market Orders to be calculated by Participating Bidders, each such investment/asset manager is required to provide a list of all funds and accounts that it acts on behalf of to each Participating Bidder that has (or whose affiliate has) entered into a Master Agreement with any of those funds or accounts. As provided in paragraph (1) of the Auction Methodology set out in Exhibit 3 of the Calpine Protocol, on the Business Day prior to the Auction Date, the Administrators (Markit and Creditex) will publish a list of the Participating Bidders on their respective websites. In addition, contact details will be available for the Participating Bidders through their Adherence Letters on the ISDA website. Can I change the text of the Adherence Letter? Does it cost any money to adhere to the Calpine Protocol? Entities Electing Not to Adhere to the Calpine Protocol Details relating to the Calpine Protocol
What is a single name trade? However, if you adhere to the Calpine Protocol, you are agreeing that only the 6% Contingent Convertible Notes due 2014 are deemed to be Deliverable Obligations for single name trades, while the 7.75% Contingent Convertible Notes due 2015 will deemed not to be Deliverable Obligations for single name trades. Who runs the auction? When is the auction? When is the Cash Settlement Date? How are accruals calculated? Is a rebate necessary on the reduced notional amount? |