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Derivative Instruments
3 Months Ended
Mar. 31, 2019
Derivative Instruments and Hedging Activities Disclosure [Abstract]  
Derivative Instruments 9. DERIVATIVE INSTRUMENTS
The following tables summarize the gross fair values of individual derivative instruments and the impact of legal rights of offset as reported in the Consolidated Balance Sheets as of March 31, 2019 and December 31, 2018:
 
Gross
Amounts of
Recognized
Assets /
Liabilities
 
Gross
Amounts
Offset in the
Consolidated
Balance Sheet
 
Net Amounts
of Assets/
Liabilities
Presented in the Consolidated
Balance Sheet
 
Gross Amount
of Collateral
Received /
Pledged Not
Offset in the
Consolidated
Balance Sheet
 
Net
Amount
March 31, 2019:
 
 
 
 
 
 
 
 
 
Derivative Assets:
 
 
 
 
 
 
 
 
 
Interest rate swaps
$
73,607

 
$
389

 
$
73,218

 
$

 
$
73,218

Futures contracts
3,182

 

 
3,182

 

 
3,182

Total non-VIE derivative assets
$
76,789

 
$
389

 
$
76,400

 
$

 
$
76,400

Derivative Liabilities:
 
 
 
 
 
 
 
 
 
Credit derivatives
$
1,077

 
$

 
$
1,077

 
$

 
$
1,077

Interest rate swaps
85,846

 
389

 
85,457

 
73,510

 
11,947

Total non-VIE derivative liabilities
$
86,923

 
$
389

 
$
86,534

 
$
73,510

 
$
13,024

Variable Interest Entities Derivative Assets:
 
 
 
 
 
 
 
 
 
Currency swaps
$
59,228

 
$

 
$
59,228

 
$

 
$
59,228

Total VIE derivative assets
$
59,228

 
$

 
$
59,228

 
$

 
$
59,228

Variable Interest Entities Derivative Liabilities:
 
 
 
 
 
 
 
 
 
Interest rate swaps
$
1,781,903

 
$

 
$
1,781,903

 
$

 
$
1,781,903

Total VIE derivative liabilities
$
1,781,903

 
$

 
$
1,781,903

 
$

 
$
1,781,903

December 31, 2018:
 
 
 
 
 
 
 
 
 
Derivative Assets:
 
 
 
 
 
 
 
 
 
Interest rate swaps
$
59,768

 
$
300

 
$
59,468

 
$

 
$
59,468

Total non-VIE derivative assets
$
59,768

 
$
300

 
$
59,468

 
$

 
$
59,468

Derivative Liabilities:
 
 
 
 
 
 
 
 
 
Credit derivatives
$
1,459

 
$

 
$
1,459

 
$

 
$
1,459

Interest rate swaps
72,161

 
300

 
71,861

 
67,126

 
4,735

Futures contracts
3,379

 

 
3,379

 
3,379

 

Total non-VIE derivative liabilities
$
76,999

 
$
300

 
$
76,699

 
$
70,505

 
$
6,194

Variable Interest Entities Derivative Assets:
 
 
 
 
 
 
 
 
 
Currency swaps
$
66,302

 
$

 
$
66,302

 
$

 
$
66,302

Total VIE derivative assets
$
66,302

 
$

 
$
66,302

 
$

 
$
66,302

Variable Interest Entities Derivative Liabilities:
 
 
 
 
 
 
 
 
 
Interest rate swaps
$
1,712,062

 
$

 
$
1,712,062

 
$

 
$
1,712,062

Total VIE derivative liabilities
$
1,712,062

 
$

 
$
1,712,062

 
$

 
$
1,712,062


Amounts recognized for the right to reclaim cash collateral or the obligation to return cash collateral are not offset against fair value amounts recognized for derivative instruments on the Consolidated Balance Sheets. The amounts representing the right to reclaim cash collateral and posted margin, recorded in “Other assets” were $27,113 and $102,904 as of March 31, 2019 and December 31, 2018, respectively. There were no amounts held representing an obligation to return cash collateral as of March 31, 2019 and December 31, 2018.
The following tables summarize the location and amount of gains and losses of derivative contracts in the Consolidated Statements of Total Comprehensive Income (Loss) for the three months ended March 31, 2019 and 2018:
 
Location of Gain or (Loss)
Recognized in Consolidated
Statements of Total
Comprehensive Income (Loss)
 
Amount of Gain or (Loss) Recognized in Consolidated Statement of Total Comprehensive Income (Loss)
 
 
Three Months Ended March 31,
 
 
2019
 
2018
Non-VIE derivatives:
 
 
 
 
 
 
 
Credit derivatives
Net gains (losses) on derivative contracts
 
$
473

 
$
(346
)
Interest rate swaps
Net gains (losses) on derivative contracts
 
(2,732
)
 
4,543

Futures contracts
Net gains (losses) on derivative contracts
 
(13,900
)
 
20,994

Total Non-VIE derivatives
 
 
 
 
$
(16,159
)
 
$
25,191

Variable Interest Entities:
 
 
 
 
 
 
 
Currency swaps
Income (loss) on variable interest entities
 
$
(7,074
)
 
$
(8,617
)
Interest rate swaps
Income (loss) on variable interest entities
 
(69,841
)
 
49,809

Total Variable Interest Entities
 
 
(76,915
)
 
41,192

Total derivative contracts
 
 
$
(92,601
)
 
$
66,037



Credit Derivatives:
Credit derivatives, which are privately negotiated contracts, provide the counterparty with credit protection against the occurrence of a specific event such as a payment default or bankruptcy relating to an underlying obligation. Credit derivatives issued are insured by Ambac Assurance. None of the outstanding credit derivative transactions at March 31, 2019, include ratings based collateral-posting triggers or otherwise require Ambac to post collateral regardless of Ambac’s ratings or the size of the mark to market exposure to Ambac.
The portfolio of our credit derivatives were written on a “pay-as-you-go” basis. Similar to an insurance policy execution, pay-as-you-go provides that Ambac pays interest shortfalls on the referenced transaction as they are incurred on each scheduled payment date, but only pays principal shortfalls upon the earlier of (i) the date on which the assets designated to fund the referenced obligation have been disposed of and (ii) the legal final maturity date of the referenced obligation.
Ambac maintains internal credit ratings on its guaranteed obligations, including credit derivative contracts, solely to indicate management’s view of the underlying credit quality of the guaranteed obligations. The gross principal notional outstanding for CDS contracts was $282,587 and $295,342 as of March 31, 2019 and December 31, 2018, respectively, all of which had internal Ambac ratings of AA in both periods.
Interest Rate Derivatives:
Ambac, through its subsidiary Ambac Financial Services (“AFS”), uses interest rate swaps and US Treasury futures contracts to provide an economic hedge against the effects of rising interest rates elsewhere in the Company, including on Ambac’s financial guarantee exposures. Additionally, AFS provided interest rate swaps to states, municipalities and their authorities, asset-backed issuers and other entities in connection with their financings. As of March 31, 2019 and December 31, 2018 the notional amounts of AFS’s derivatives are as follows:
 
 
Notional
Type of Derivative
 
March 31,
2019
 
December 31,
2018
Interest rate swaps—receive-fixed/pay-variable
 
$
341,909

 
$
493,368

Interest rate swaps—pay-fixed/receive-variable
 
1,269,180

 
1,121,532

US Treasury futures contracts—short
 
1,575,000

 
1,760,000


Derivatives of Consolidated Variable Interest Entities
Certain VIEs consolidated under the Consolidation Topic of the ASC entered into derivative contracts to meet specified purposes within the securitization structure. The notional for VIE derivatives outstanding as of March 31, 2019 and December 31, 2018 are as follows:
 
 
Notional
Type of VIE Derivative
 
March 31,
2019
 
December 31,
2018
Interest rate swaps—receive-fixed/pay-variable
 
$
1,427,299

 
$
1,399,532

Interest rate swaps—pay-fixed/receive-variable
 
1,189,113

 
1,176,748

Currency swaps
 
344,714

 
344,992

Credit derivatives
 
10,457

 
10,254


Contingent Features in Derivatives Related to Ambac Credit Risk
Ambac’s over-the-counter interest rate swaps are centrally cleared when eligible. Certain interest rate swaps remain with professional swap-dealer counterparties and direct customer counterparties. These non-cleared swaps are generally executed under standardized derivative documents including collateral support and master netting agreements. Under these agreements, Ambac is required to post collateral in the event net unrealized losses exceed predetermined threshold levels. Additionally, given that Ambac
Assurance is no longer rated by an independent rating agency, counterparties have the right to terminate the swap positions.
As of March 31, 2019 and December 31, 2018, the net liability fair value of derivative instruments with contingent features linked to Ambac’s own credit risk was $74,725 and $67,071, respectively, related to which Ambac had posted cash and securities as collateral with a fair value of $101,631 and $92,657, respectively. All such ratings-based contingent features have been triggered as requiring maximum collateral levels to be posted by Ambac while preserving counterparties’ rights to terminate the contracts. Assuming all such contracts terminated on March 31, 2019, settlement of collateral balances and net derivative liabilities would result in a net receipt of cash and/or securities by Ambac. If counterparties elect to exercise their right to terminate, the actual termination payment amounts will be determined in accordance with derivative contract terms, which may result in amounts that differ from market values as reported in Ambac’s financial statements.