"Outlaw Ratings Downgrade Triggers
Similarly, the monolines (e.g., MBIA, Ambac) teetered on the edge of failure in January 2008 because the rating agencies were threatening to downgrade their credit ratings (then AAA), which would have forced them to post billions in collateral that they simply didn't have. All the various rescue plans that were floated that month were aimed at staving off a rating downgrade.
Ratings downgrade triggers force a company that is already struggling (hence the downgrade) to then post billions in extra collateral. In other words, the company is being forced to post billions in collateral at precisely the time it's least able to raise that much cash without seriously damaging the health of the company. This creates a downward spiral where the company is forced to liquidate assets at firesale prices in order to post the required collateral, leading to another rating downgrade, which triggers further collateral calls, and another round of forced liquidations, and so on. This could very easily cause a company to go directly from AAA-rated to bankruptcy (which completely distorts the idea of "credit ratings" in the first place). In fact, this almost happened with MBIA and Ambac—had they been downgraded from AAA in January 2008, they would almost certainly have been forced to file for bankruptcy.
The justification for including ratings downgrade triggers in derivatives contracts is that less creditworthy counterparties should have to post more collateral, because the risk of nonpayment is greater. But the evaluation of a counterparty's creditworthiness should be done at the outset of the transaction, and reflected in the initial margin required. Less creditworthy counterparties should have to put up more initial margin (i.e., collateral), but after the initial margin is posted, any additional margin calls should be based on changes in the value of the underlying security. Evaluation of a counterparty's creditworthiness shouldn't be outsourced to the rating agencies, which is essentially what ratings downgrade triggers do.
Personally, I'd like to see an explicit ban on ratings downgrade triggers in derivatives contracts. They're lazy and unreliable in their accuracy. But worst of all, as AIG and the monolines have demonstrated, they're extremely dangerous.
Me:


































"less creditworthy counterparties should have to post more collateral, because the risk of nonpayment is greater."
I thought that it was also to stop a Calling Run. If I see that AIG is bleeding money and burning reserves, then I'm calling my money in if I can. If they can post more collateral, that keeps me from pulling my money out because I see that they have the liquid resources should I need my money.
It's true that, if they don't have the resources to come up with more capital, then they're in trouble, but they're also going to be in trouble, at least with me, if they are losing money and are simply asking me to be patient. If I've loaned them money that I can call in, I might not like the idea of being patient.
I don't disagree with you about ratings companies or posting more capital at the beginning of the transaction, but the fact that companies can't come up with cash is a real worry. The solution is to build up reserves in the good times, not concoct exceptions to prudence.
Don the libertarian Democrat
March 18, 2009 5:46 PM