External Meetings: Call with ISDA

External Meetings: Call with ISDA

Participants discussed the Commissions' proposed guidance with respect to fixed rate resets and the determination of whether a Title VII Instrument is a swap or a security-based swap.  The Commissions had proposed guidance that if the fixed rate is informed by, or quoted based on, the yield of a security, and the floating rate is based on LIBOR, the Title VII instrument would be a swap and not a security-based swap, provided that the fixed rate was set at execution and could not vary over the life of the instrument.  ISDA in its comment letter stated that it believes that thi