Template:2002 ISDA Equity Derivatives Definitions 12.9(b)(v): Difference between revisions
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{{eqderivprov|12.9(b)(v)}} If “'''{{eqderivprov|Increased Cost of Stock Borrow}}'''” is specified in the related {{eqderivprov|Confirmation}} to be applicable to a Transaction, then upon the occurrence of such an event the {{eqderivprov|Hedging Party}} will give prompt notice to the {{eqderivprov|Non-Hedging Party}} that an {{eqderivprov|Increased Cost of Stock Borrow}} has occurred and that a {{eqderivprov|Price Adjustment}} will be made to the {{eqderivprov|Transaction}}. The {{eqderivprov|Non-Hedging Party}} shall, within two {{eqderivprov|Scheduled Trading Days}} of receipt of the notice of Increased Cost of Stock Borrow and corresponding {{eqderivprov|Price Adjustment}}, notify the {{eqderivprov|Hedging Party}} that it elects to (A) agree to amend the relevant {{eqderivprov|Transaction}} to take into account the {{eqderivprov|Price Adjustment}}, (B) pay the {{eqderivprov|Hedging Party}} an amount determined by the {{eqderivprov|Calculation Agent}} that corresponds to the Price Adjustment or (C) terminate the {{eqderivprov|Transaction}} as of that second {{eqderivprov|Scheduled Trading Day}}. If such notice is not given by the end of that second {{eqderivprov|Scheduled Trading Day}}, then the {{eqderivprov|Hedging Party}} may give notice that it elects to terminate the {{eqderivprov|Transaction}}, specifying the date of such termination, which may be the same day that the notice of termination is effective. If either party elects to terminate the {{eqderivprov|Transaction}}, the {{eqderivprov|Determining Party}} will determine the {{eqderivprov|Cancellation Amount}} payable by one party to the other. Within this period, the {{eqderivprov|Non-Hedging Party}} may, in order to avoid a {{eqderivprov|Price Adjustment}} or termination with respect to the {{eqderivprov|Transaction}}, (X) lend the Hedging Party, subject to the conditions below, {{eqderivprov|Shares}} in an amount equal to the {{eqderivprov|Hedging Shares}} at a rate equal to or less than the {{eqderivprov|Initial Stock Loan Rate}} or (Y) refer the {{eqderivprov|Hedging Party}} to a {{eqderivprov|Lending Party}} that lends the {{eqderivprov|Hedging Party Shares}} in an amount equal to the {{eqderivprov|Hedging Shares}} at a rate equal to or less than the {{eqderivprov|Initial Stock Loan Rate}}. <br | ::{{eqderivprov|12.9(b)(v)}} If “'''{{eqderivprov|Increased Cost of Stock Borrow}}'''” is specified in the related {{eqderivprov|Confirmation}} to be applicable to a Transaction, then upon the occurrence of such an event the {{eqderivprov|Hedging Party}} will give prompt notice to the {{eqderivprov|Non-Hedging Party}} that an {{eqderivprov|Increased Cost of Stock Borrow}} has occurred and that a {{eqderivprov|Price Adjustment}} will be made to the {{eqderivprov|Transaction}}. The {{eqderivprov|Non-Hedging Party}} shall, within two {{eqderivprov|Scheduled Trading Days}} of receipt of the notice of Increased Cost of Stock Borrow and corresponding {{eqderivprov|Price Adjustment}}, notify the {{eqderivprov|Hedging Party}} that it elects to (A) agree to amend the relevant {{eqderivprov|Transaction}} to take into account the {{eqderivprov|Price Adjustment}}, (B) pay the {{eqderivprov|Hedging Party}} an amount determined by the {{eqderivprov|Calculation Agent}} that corresponds to the Price Adjustment or (C) terminate the {{eqderivprov|Transaction}} as of that second {{eqderivprov|Scheduled Trading Day}}. If such notice is not given by the end of that second {{eqderivprov|Scheduled Trading Day}}, then the {{eqderivprov|Hedging Party}} may give notice that it elects to terminate the {{eqderivprov|Transaction}}, specifying the date of such termination, which may be the same day that the notice of termination is effective. If either party elects to terminate the {{eqderivprov|Transaction}}, the {{eqderivprov|Determining Party}} will determine the {{eqderivprov|Cancellation Amount}} payable by one party to the other. Within this period, the {{eqderivprov|Non-Hedging Party}} may, in order to avoid a {{eqderivprov|Price Adjustment}} or termination with respect to the {{eqderivprov|Transaction}}, (X) lend the Hedging Party, subject to the conditions below, {{eqderivprov|Shares}} in an amount equal to the {{eqderivprov|Hedging Shares}} at a rate equal to or less than the {{eqderivprov|Initial Stock Loan Rate}} or (Y) refer the {{eqderivprov|Hedging Party}} to a {{eqderivprov|Lending Party}} that lends the {{eqderivprov|Hedging Party}} {{eqderivprov|Shares}} in an amount equal to the {{eqderivprov|Hedging Shares}} at a rate equal to or less than the {{eqderivprov|Initial Stock Loan Rate}}. <br> | ||
Latest revision as of 12:02, 13 September 2018
- 12.9(b)(v) If “Increased Cost of Stock Borrow” is specified in the related Confirmation to be applicable to a Transaction, then upon the occurrence of such an event the Hedging Party will give prompt notice to the Non-Hedging Party that an Increased Cost of Stock Borrow has occurred and that a Price Adjustment will be made to the Transaction. The Non-Hedging Party shall, within two Scheduled Trading Days of receipt of the notice of Increased Cost of Stock Borrow and corresponding Price Adjustment, notify the Hedging Party that it elects to (A) agree to amend the relevant Transaction to take into account the Price Adjustment, (B) pay the Hedging Party an amount determined by the Calculation Agent that corresponds to the Price Adjustment or (C) terminate the Transaction as of that second Scheduled Trading Day. If such notice is not given by the end of that second Scheduled Trading Day, then the Hedging Party may give notice that it elects to terminate the Transaction, specifying the date of such termination, which may be the same day that the notice of termination is effective. If either party elects to terminate the Transaction, the Determining Party will determine the Cancellation Amount payable by one party to the other. Within this period, the Non-Hedging Party may, in order to avoid a Price Adjustment or termination with respect to the Transaction, (X) lend the Hedging Party, subject to the conditions below, Shares in an amount equal to the Hedging Shares at a rate equal to or less than the Initial Stock Loan Rate or (Y) refer the Hedging Party to a Lending Party that lends the Hedging Party Shares in an amount equal to the Hedging Shares at a rate equal to or less than the Initial Stock Loan Rate.
- 12.9(b)(v) If “Increased Cost of Stock Borrow” is specified in the related Confirmation to be applicable to a Transaction, then upon the occurrence of such an event the Hedging Party will give prompt notice to the Non-Hedging Party that an Increased Cost of Stock Borrow has occurred and that a Price Adjustment will be made to the Transaction. The Non-Hedging Party shall, within two Scheduled Trading Days of receipt of the notice of Increased Cost of Stock Borrow and corresponding Price Adjustment, notify the Hedging Party that it elects to (A) agree to amend the relevant Transaction to take into account the Price Adjustment, (B) pay the Hedging Party an amount determined by the Calculation Agent that corresponds to the Price Adjustment or (C) terminate the Transaction as of that second Scheduled Trading Day. If such notice is not given by the end of that second Scheduled Trading Day, then the Hedging Party may give notice that it elects to terminate the Transaction, specifying the date of such termination, which may be the same day that the notice of termination is effective. If either party elects to terminate the Transaction, the Determining Party will determine the Cancellation Amount payable by one party to the other. Within this period, the Non-Hedging Party may, in order to avoid a Price Adjustment or termination with respect to the Transaction, (X) lend the Hedging Party, subject to the conditions below, Shares in an amount equal to the Hedging Shares at a rate equal to or less than the Initial Stock Loan Rate or (Y) refer the Hedging Party to a Lending Party that lends the Hedging Party Shares in an amount equal to the Hedging Shares at a rate equal to or less than the Initial Stock Loan Rate.