Note 14 Derivatives

Risk management objective of using derivatives

The Company is exposed to certain risks arising from both its business operations and economic conditions. The Company has established policies that neither carrying value nor fair value at risk should exceed established guidelines. The Company has designed strategies to confine these risks within the established limits and identify appropriate trade-offs in the financial structure of its balance sheet. These strategies include the use of derivative financial instruments to help achieve the desired balance sheet repricing structure while meeting the desired objectives of its clients. Currently, the Company employs certain interest rate swaps that are designated as fair value hedges as well as economic hedges. The Company manages a matched book with respect to its derivative instruments in order to minimize its net risk exposure resulting from such transactions.

Fair values of derivative instrument of the balance sheet

The table below presents the fair value of the Company’s derivative financial instruments as well as their classification on the consolidated statements of financial condition as of June 30, 2016 and December 31, 2015.

Information about the valuation methods used to measure fair value is provided in note 16 of the consolidated financial statements.


		Asset Derivatives Fair Value					Liability Derivatives Fair Value
	Balance Sheet	June 30,		December 31,		Balance Sheet	June 30,		December 31,
	Location	2016		2015		Location	2016		2015
Derivatives designated as hedging instruments:
Interest rate products	Other assets	$	4	$	388	Other liabilities	$	23,262	$	6,232
Forward contracts	Other assets		—		—	Other liabilities		178		—
Total derivatives designated as hedging instruments		$	4	$	388		$	23,440	$	6,232

Derivatives not designated as hedging instruments:
Interest rate products	Other assets	$	4,461	$	1,959	Other liabilities	$	4,771	$	2,083
Interest rate lock commitments	Other assets		332		—	Other liabilities		—		—
Forward loan sales agreements	Loans held for sale		82		—	Loans held for sale		—		—
Total derivatives not designated as hedging instruments		$	4,875	$	1,959		$	4,771	$	2,083

Fair value hedges

Interest rate swaps designated as fair value hedges involve the receipt of variable-rate amounts from a counterparty in exchange for the Company making fixed-rate payments over the life of the agreements without the exchange of the underlying notional amount. As of June 30, 2016, the Company had thirty-seven interest rate swaps with a notional amount of $317.2 million that were designated as fair value hedges of interest rate risk associated with the Company’s fixed-rate loans. The Company had thirty-one outstanding interest rate swaps with a notional amount of $273.3 million that were designated as fair value hedges of interest rate risk associated with Company’s fixed-rate loans as of December 31, 2015.

As part of its mortgage banking activities, the Company enters into forward contracts to hedge the change in the value of interest rate lock commitments between the time the locks are extended to borrowers and the time the loans are committed to an investor or allocated to a trade. As of June 30, 2016, the Company had twenty-three forward contracts with a notional value of $17.5 million. At December 31, 2015, the Company had no mandatory mortgage banking derivative financial instruments, and the best efforts mortgage banking derivatives were immaterial to the consolidated financial statements.

For derivatives designated and that qualify as fair value hedges, the gain or loss on the derivative as well as the offsetting loss or gain on the hedged item attributable to the hedged risk are recognized in earnings. The Company includes the gain or loss on the hedged items in the same line item as the offsetting loss or gain on the related derivatives. During the three and six months ended June 30, 2016, the Company recognized a net loss of $640 thousand and $1.3 million, respectively, in non-interest income related to hedge ineffectiveness. During the three and six months ended June 30 2015, the Company recognized a net gain of $405 thousand and $266 thousand, respectively, in non-interest income related to hedge ineffectiveness.

Non-designated hedges

Derivatives not designated as hedges are not speculative and consist of interest rate swaps with commercial banking clients that facilitate their respective risk management strategies. Interest rate swaps are simultaneously hedged by offsetting interest rate swaps that the Company executes with a third party, such that the Company minimizes its net risk exposure resulting from such transactions. As the interest rate swaps associated with this program do not meet the strict hedge accounting requirements, changes in the fair value of both the client swaps and the offsetting swaps are recognized directly in earnings. As of June 30, 2016, the Company had twenty-five matched interest rate swap transactions with an aggregate notional amount of $77.7 million related to this program. As of December 31, 2015, the Company had twenty matched interest rate swap transactions with an aggregate notional amount of $68.1 million related to this program.

As part of its mortgage banking activities, the Company enters into interest rate lock commitments, which are commitments to originate loans where the interest rate on the loan is determined prior to funding and the customers have locked into that interest rate. The Company then locks in the loan and interest rate with an investor and commits to deliver the loan if settlement occurs ("best efforts") or commits to deliver the locked loan in a binding ("mandatory") delivery program with an investor. Fair value changes of certain loans under interest rate lock commitments are hedged with forward sales contracts of mortgage backed securities ("MBS"). Forward sales contracts of MBS are recorded at fair value with changes in fair value recorded in non-interest income. Interest rate lock commitments and commitments to deliver loans to investors are considered derivatives. The market value of interest rate lock commitments and best efforts contracts are not readily ascertainable with precision because they are not actively traded in stand-alone markets. The Company determines the fair value of interest rate lock commitments and delivery contracts by measuring the fair value of the underlying asset, which is impacted by current interest rates, taking into consideration the probability that the interest rate lock commitments will close or will be funded.

Certain additional risks arise from these forward delivery contracts in that the counterparties to the contracts may not be able to meet the terms of the contracts. The Company does not expect any counterparty to any MBS contract to fail to meet its obligation. Additional risks inherent in mandatory delivery programs include the risk that, if the Company fails to deliver the loans subject to interest rate risk lock commitments, it will still be obligated to “pair off” MBS to the counterparty under the forward sales agreement. Should this be required, the Company could incur significant costs in acquiring replacement loans and such costs could have an adverse effect on the consolidated financial statements.

The fair value of the mortgage banking derivative is recorded as a freestanding asset or liability with the change in value being recognized in current earnings during the period of change.

The Company had ninety-one interest rate lock commitments with a notional value of $16.3 million at June 30, 2016. The Company had fourteen forward loan sales commitments with a notional value of $2.4 million at June 30, 2016. At December 31, 2015, the Company had no mandatory delivery interest rate lock commitments or forward loan sales commitments, and the best efforts mortgage banking derivatives were immaterial to the consolidated financial statements.

Effect of derivative instruments on the consolidated statements of operations

The tables below present the effect of the Company’s derivative financial instruments on the consolidated statements of operations for the three and six months ended June 30, 2016 and 2015:


	Location of loss	Amount of loss recognized in income on derivatives
Derivatives in fair value	recognized in income on	For the three months ended June 30,				For the six months ended June 30,
hedging relationships	derivatives	2016		2015		2016		2015
Interest rate products	Other non-interest income	$	(6,513)	$	5,256	$	(17,414)	$	3,104
Forward contracts	Other non-interest income		(178)		—		(178)		—
Total derivatives in fair value hedging relationships		$	(6,691)	$	5,256	$	(17,592)	$	3,104


	Location of gain (loss)	Amount of gain (loss) recognized in income on hedged items
	recognized in income on	For the three months ended June 30,				For the six months ended June 30,
Hedged items	hedged items	2016		2015		2016		2015
Interest rate products	Other non-interest income	$	6,051	$	(4,851)	$	16,281	$	(2,839)
Total hedged items		$	6,051	$	(4,851)	$	16,281	$	(2,839)


	Location of gain (loss)	Amount of gain (loss) recognized in income on derivatives
Derivatives not designated	recognized in income on	For the three months ended June 30,				For the six months ended June 30,
as hedging instruments	derivatives	2016		2015		2016		2015
Interest rate products	Other non-interest expense	$	(89)	$	65	$	(183)	$	26
Interest rate lock commitments	Other non-interest income		332		—		332		—
Forward loan sales agreements	Gain on sale of mortgages, net		82		—		82		—
Total		$	325	$	65	$	231	$	26

Credit-risk-related contingent features

The Company has agreements with its derivative counterparties that contain a provision where if the Company defaults on any of its indebtedness for reasons other than an error or omission of an administrative or operational nature, including default where repayment of the indebtedness has not been accelerated by the lender, then the Company could also be declared in default on its derivative obligations.

The Company also has agreements with certain of its derivative counterparties that contain a provision where if the Company fails to maintain its status as a well/adequately capitalized institution, then the counterparty has the right to terminate the derivative positions and the Company would be required to settle its obligations under the agreements.

As of June 30, 2016 and December 31, 2015, the termination value of derivatives in a net liability position related to these agreements was $29.2 million and $9.0 million, respectively, which includes accrued interest but excludes any adjustment for nonperformance risk. The Company has minimum collateral posting thresholds with certain of its derivative counterparties and as of June 30, 2016 and December 31, 2015, the Company had posted $31.2 million and $8.2 million, respectively, in eligible collateral. If the Company had breached any of these provisions at June 30, 2016, it could have been required to settle its obligations under the agreements at the termination value.