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That agent, known as a counterparty or calculating agent, is almost always a member of the International Swap Dealers Association, and, even if it weren't, is expected to abide by the association's rules.
2) Swaps and other over-the-counter derivatives require special legal documents or International Swap Dealers Association agreements to be in place.
In a July 24, 1991 speech to the International Swap Dealers Association, delivered shortly after the Senate passed Title III, CFTC Chairman Wendy Gramm stated that the swaps exemption was "not intend|ed~ to affect the swaps market as it exists today.
Standard & Poor's--In response to requests from members of International Swap Dealers Association (ISDA), Standard & Poor's Ratings Services today confirmed that the Termination Event found in Section 5(b)(iii) of the 2002 ISDA Master Agreement, Tax Event, is a termination event consistent with the security rating for both the security issuer and swap counterparty for swap agreements found in structured finance transactions.

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