Template:2002 ISDA Equity Derivatives Definitions 12.9(a)(vi): Difference between revisions
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Revision as of 15:05, 19 October 2012
12.9(vi) "Increased Cost of Hedging" means that the Hedging Party would incur a
materially increased (as compared with circumstances existing on the Trade Date) amount of tax,
duty, expense or fee (other than brokerage commissions) to (A) acquire, establish, re-establish,
substitute, maintain, unwind or dispose of any transaction(s) or asset(s) it deems necessary to
hedge the equity price risk of entering into and performing its obligations with respect to the
relevant Transaction, or (B) realize, recover or remit the proceeds of any such transaction(s) or
asset(s), provided that any such materially increased amount that is incurred solely due to the
deterioration of the creditworthiness of the Hedging Party shall not be deemed an Increased Cost
of Hedging;