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Elections and Variables to the ISDA Credit Support Annex

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HOME EQUITY ASSET TRUST | Credit Suisse International | The Supplemental Interest Trust

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Title: Elections and Variables to the ISDA Credit Support Annex
Date: 10/18/2006

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Elections and Variables

to the ISDA Credit Support Annex

dated as of October 3 , 2006

between

 

Credit Suisse International

and

The Supplemental Interest Trust

created under the Pooling and

Servicing Agreement for

Home Equity Asset Trust 2006-7

( "Party A" )

( "Party B" )

 

 

 

Paragraph 13.

 

(a)

Security Interest for "Obligations" .

 

The term "Obligations" as used in this Annex includes the following additional obligations:

 

With respect to Party A:

None.

 

With respect to Party B:

None.

 

(b)

Credit Support Obligations.

 

(i)

Delivery Amount, Return Amount and Credit Support Amount.

 

(A)  "Delivery Amount" has the meaning specified in Paragraph 3(a), except that the words "upon a demand made by the Secured Party" shall be deleted and the word "that" on the second line of Paragraph 3(a) shall be replaced with the word "a".  Paragraph 4(b) is hereby amended by the insertion of the words "(i) in respect of a Transfer pursuant to Paragraph 3(b)," immediately prior to the words "if a demand for" and the insertion of the words "; and (ii) in respect of a Transfer pursuant to Paragraph 3(a), the relevant Transfer will be made not later than the close of business on the Local Business Day following the Valuation Date" immediately prior to the period.

 

(B) "Return Amount" has the meaning specified in Paragraph 3(b).

 

(C)

"Credit Support Amount" for a Valuation Date shall mean one of the following depending on whether or not the specified events have occurred on such Valuation Date:-

 

(i)

if a Collateralization Event has not occurred, or has occurred but is not continuing, "Credit Support Amount" shall mean zero (0);

 

(ii)

if a Ratings Event has occurred and is continuing or a Collateralization Event has occurred other than pursuant to Part 5(b)(1)(C) and is continuing, "Credit Support Amount" shall mean an amount in USD equal to the greater of (a) the Secured Party's Exposure and (b) an amount equal to the Floating Amount payable by Party A pursuant to the Transaction in respect of the first Floating Rate Payer Payment Date scheduled to occur on or after the date on which the Delivery Amount as a result of such Collateralization Event is due;

 

(iii)

if a Collateralization Event has occurred pursuant to Part 5(b)(1)(C) and is continuing, "Credit Support Amount" shall mean an amount in USD equal to the greater of (a) the sum of (i) Party B's Exposure and (ii) the Notional Volatility Buffer and (b) zero.   "Notional Volatility Buffer" , as determined by the Valuation Agent for any date, means the product of (i) the Notional Amount of the Transaction on such date, (ii) the Payment Factor, and (iii) the Volatility Buffer Percentage for such date as set out in the table below on such date,

 

Party A S&P Rating on such date

Volatility Buffer Percentage

 

 

S&P S-T Rating of A-1 or above

0.00%

S&P S-T Rating of A-2

3.25%

S&P S-T Rating of A-3

4.00%

S&P L-T Rating of BB+ or lower

4.50%

 

L-T Rating means with respect to any Person, the unsecured, unguaranteed and otherwise unsupported long-term senior debt obligations of such Person.

 

S -T Rating means with respect to any Person, the unsecured, unguaranteed and otherwise unsupported short-term debt obligations of such Person.

 

Payment Factor means 1.

 

(ii)

Eligible Collateral.  On any date, the following items will qualify as "Eligible Collateral" for  Party A:

 

Valuation

Percentage

 

(A)

Cash

100%

 

(B)

negotiable debt obligations issued

98.0%

after 18 July 1984 by the U.S. Treasury Department

having a residual maturity on such date

of less than 1 year

 

(C)

coupon-bearing negotiable debt obligations issued

93.8%

after 18 July 1984 by the U.S. Treasury Department

having a residual maturity on such date

equal to or greater than 1 year but less

than 5 years

 

(D)

coupon-bearing negotiable debt obligations issued

90.3%

after 18 July 1984 by the U.S. Treasury Department

having a residual maturity on such date

equal to or greater than 5 years but less

than 10 years

 

(iii)

Other Eligible Support .  None.

 

(iv)

Thresholds.

 

(A)

"Independent Amount" means with respect to Party A:  Not applicable.

 

"Independent Amount" means with respect to Party B:  Not applicable.

 

(B)

"Threshold" means with respect to Party A and Party B:  Not applicable.

 

(C)

"Minimum Transfer Amount" means with respect to Party A: $50,000.

 

"Minimum Transfer Amount" means with respect to Party B:  Not applicable.

 

(D)

Rounding  The Delivery Amount and the Return Amount will be rounded up and down respectively to the nearest integral multiple of $1,000, provided that this "Rounding" provision shall not apply in respect of any Return Amount payable in respect of any date on which Party B's Exposure is less than or equal to zero.

 

(c)

Valuation and Timing.

 

(i)

"Valuation Agent" means Party A.  Calculations by Party A will be made by reference to commonly accepted market sources.

 

(ii)

"Valuation Date" means,

 

(A)

in the event that (1) no Collateralization Event has occurred, or has occurred but is not continuing, (2) a Collateralization Event has occurred other than pursuant to Part 5(b)(1)(C) and is continuing, or (3) two or more Collateralization Events have occurred pursuant to Part 5(b)(1)(C) and any other subparagraph of Part 5(b)(1) and are continuing, each Local Business Day which, if treated as a Valuation Date, would result in a Delivery Amount or a Return Amount; and

 

(B)

in the event that a Collateralization Event has occurred solely pursuant to Part 5(b)(1)(C) and is continuing, or a Ratings Event has occurred and Party A has not obtained a substitute counterparty as set forth in Part 5(b)(3) the last Local Business Day of each calendar week.

 

(iii)

"Valuation Time" means the close of business in the city of the Valuation Agent on the Local Business Day before the Valuation Date or date of calculation, as applicable, provided that the calculations of Value and Exposure will be made as of approximately the same time on the same date.

 

(iv)

"Notification Time" means 4:00 p.m., London time, on a Local Business Day.

 

(d)

Conditions Precedent and Secured Party's Rights and Remedies.

 

No events shall constitute a "Specified Condition".

 

(e)

Substitution.

 

(i)

"Substitution Date" has the meaning specified in Paragraph 4(d)(ii).

 

(ii)

Consent.  The Pledgor must obtain the Secured Party's prior consent to any substitution pursuant to Paragraph 4(d) and shall give to the Secured Party not less than two (2) Local Business Days' notice thereof specifying the items of Posted Credit Support intended for substitution.

 

(f)

Dispute Resolution.

 

(i)

"Resolution Time" means 4:00 p.m. London time on the Local Business Day following the date on which the notice of the dispute is given under Paragraph 5.

 

(ii)

Value .  For the purpose of Paragraphs 5(i)(C) and 5(ii), on any date, the Value of Eligible Collateral and Posted Collateral will be calculated as follows:  

 

(A)

with respect to any Cash; the amount thereof; and

 

(B)

with respect to any Eligible Collateral comprising securities; the sum of (


 
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