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To CDS or not to CDS

Kim Asger Olsen
Posted Oct 21, 2008

Tomorrow, 21 October 2008, will be the first really interesting day in the financial markets. since the day last week when US Treasury Secretary Paulson partially nationalised the nine largest US banks. Tomorrow there will be settlement of the CDSs issued on Lehman debt.

First the facts. A CDS or a Credit Default Swap is essentially an insurance against losses if an issuer of debt goes bankrupt and cannot honour its obligations. Those who have sold the protection will then compensate the loss to those who have bought the protection. Estimates say that Lehman debt amounts to some $150bn. Other estimates say that tomorrow will see settlement of about $360bn worth of nominal CDS contracts.

$360bn of debt insured while the total outstanding of Lehman debt amounts to only $150bn? Sounds fishy, doesn't it? The explanation is a simple one, that the CDSs are not necessarily linked to the buyer of the credit insurance in fact holding any Lehman debt. To put it in different terms: CDS is the financial market equivalent of being able to take out an insurance that will pay out money to you in case your neighbour's house burns down.

This situation is indicative of something that ought to have everybody hold their breath for a second. CDSs were originally meant as insurance for holders of debt. But in absence of rules, oversight, and regulation CDSs became instruments of speculation, where the buyer and the seller took bets on Lehman's future. If the above estimates are true, and if we make the friendly assumption that $150bn worth of nominal contracts are indeed bought by the actual holders of Lehman's debt, no less than $210bn worth of speculative bets will have to be settled tomorrow.

If the recent prices
[of] Lehman debt is anything to go by (between 8 and 9 cents in the dollar), this settlement will lead to some $190bn changing hands - from sellers to buyers of "default protection".

In order to get the order of magnitude right, the amount changing hands corresponds to nearly three months of US current account deficit.

A gain of 91 cents or so for each underlying of 1$ is not a bad return on a few minutes work. In other words, those who speculated in Lehman's collapse are looking forward to a huge pay day.

Or are they?

Certainly, some of the biggest players, i.e. fully nationalised AIG and the nine partly nationalised banks are big players in this game. It is inconceivable that some of them are not on the "underwriting" side and have sold the "protection", irrespective of whether the buyer actually held Lehman debt or was just another gambler in the market. Now an interesting new dilemma is appearing: will the US Treasury accept that potentially huge sums of taxpayer money are used to pay speculators who were right that the US Treasury would allow Lehman to fail.

It is known in the market that AIG have asked the US Treasury for some $20bn+ extra on top of the bailout package of $85bn agreed 3 weeks ago. And it is widely guessed in the market that those $20bn are earmarked to meet AIG's obligations related to Lehman debt. We have not started to talk about other defunct debt issuers yet - Bear Stearns or WaMu,

Being among those who have to shell out $190bn is enough to give other institutions a powerful push in the direction of insolvency. For this reason alone the US Treasury is facing a serious choice: Using taxpayer money to reward speculators or try to limit the damage. One possible avenue would be to demand that those who have bought protection actually prove that they held Lehman debt, and pay them, but refusing to pay those who had speculated. This could be a politically attractive way out of an interesting moral dilemma.

Morals are always interesting to discuss. For our purposes it is, however, more relevant to look at the potential impact on the CDS market. It is estimated that CDSs have been sold, covering $55,000bn or $55tn of corporate debt. Given that the CDS market is unregulated, it is at this point in unknown how many of those "protection" contracts are purely speculative as about 2/3 of the Lehman contracts. It is unknown who issued them and we do not know the buyers. What we do know is that the settlement of the Lehman CDSs will be an important indicator for whether this market will be the next to melt down as the Subprime market has already done.

Probably, most of the CDSs are issued on non-financial companies, and some even on sovereign issuers. This could indicate that we are not heading for a total meltdown as the rate of corporate bankruptcies obviously will not go through the roof (unless we really are heading for a depression ... interesting thought, isn't it). But it is almost certain that hedge funds are among the big holders of speculative default protection. If the settlement of Lehman CDSs gives rise to any glitches, the huge CDS market will be shaken and it is likely we will see a scramble for the exit as holders of "protection" realise that they may not be protected at all.

I remind the readers of the ancient Chinese curse: May you live in interesting times! Sometimes I believe that a bit of boredom should be welcomed.

Oct 20, 2008
Kim Asger Olsen
email: kim.a.olsen@sakam.eu

Kim Asger Olsen is trained as an economist in Denmark, Italy, and France. He has worked as an investment strategist, CIO and a managing director in the European financial sector for more than 20 years. He writes about the important crossfield between politics and economics.

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