That, however, was not a case of an agreement to enter into a written agreement but of a concluded oral agreement for sale with a concurrent or collateral agreement to reduce it to writing, so that again is distinguishable.
12.
The counterparties are exposed to each other's failure to make scheduled payments on the underlying swap, although this exposure is typically mitigated through the use of collateral agreements whereby variation margin is posted to cover the anticipated future exposure
13.
Likewise, where there are not two collateral agreements but one composite contract, a portion of which is written and the remainder oral, evidence may be led to prove the supplemental oral portion, provided it is clear that the parties did not intend the written portion to be the exclusive memorial of the entire agreement.
