Digital Assests Transactions Wikitext: Difference between revisions
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:::(i) where the {{datprov|Buyer}} has given an {{datprov|NDO Exercise Notice}} to the {{datprov|Seller}}, the exercise date specified in such {{datprov|NDO Exercise Notice}}, or, if no such date is specified, the effective date of the {{datprov|NDO Exercise Notice}}; and | :::(i) where the {{datprov|Buyer}} has given an {{datprov|NDO Exercise Notice}} to the {{datprov|Seller}}, the exercise date specified in such {{datprov|NDO Exercise Notice}}, or, if no such date is specified, the effective date of the {{datprov|NDO Exercise Notice}}; and | ||
:::(ii) where the {{datprov|Automatic Exercise Condition}} is satisfied, the {{datprov|Expiration Date}}. | :::(ii) where the {{datprov|Automatic Exercise Condition}} is satisfied, the {{datprov|Expiration Date}}. | ||
::{{datprov|2.3.7}} “'''{{datprov|Exercise Day}}s' | ::{{datprov|2.3.7}} “'''{{datprov|Exercise Day}}s'''” means, in respect of a {{datprov|Transaction}}, the days specified as such, subject to adjustment in accordance with the {{datprov|Business Day Convention}}, if applicable. | ||
::{{datprov|2.3.8}} “'''{{datprov|Exercise Period Day}}'''” means, in respect of an NDO and its {{datprov|Option Style}}, each day set out below: | ::{{datprov|2.3.8}} “'''{{datprov|Exercise Period Day}}'''” means, in respect of an NDO and its {{datprov|Option Style}}, each day set out below: | ||
::{{datprov|2.3.9}} “'''{{datprov|Exercise Window}}'''” means the period from the {{datprov|Earliest Exercise Time}} to the {{datprov|Latest Exercise Time}} on any {{datprov|Exercise Period Day}}. | ::{{datprov|2.3.9}} “'''{{datprov|Exercise Window}}'''” means the period from the {{datprov|Earliest Exercise Time}} to the {{datprov|Latest Exercise Time}} on any {{datprov|Exercise Period Day}}. |
Revision as of 13:02, 10 January 2023
- 1.1 Digital Asset Definitions: “Digital Asset Definitions” means the ISDA Digital Asset Definitions, which include the Settlement Price Source Matrix, each as published by ISDA on its “MyLibrary” platform (or any successor platform) in “contractual text” format.
- 1.2 Settlement Price Source Matrix: “Settlement Price Source Matrix” means the “Digital Asset Definitions Settlement Price Source Matrix”.
- 1.3 Application of the Digital Asset Definitions: Unless otherwise agreed, the latest version of the Digital Asset Definitions on the Trade Date of a Transaction will apply to such Transaction or, if they are specified to apply to only part of the Transaction, to that part of the Transaction, and will not be affected by any further updates in a later dated version of the Digital Asset Definitions. In order to exclude any amendments made to the Digital Asset Definitions pursuant to a subsequent version (whether to the Digital Asset Definitions generally or to the Settlement Price Source Matrix), the parties must specify the version of the Digital Asset Definitions they wish to apply.
- 1.4 Application of the Settlement Price Source Matrix
- 1.4.1 If the terms of a Transaction refer to the Settlement Price Source Matrix, the latest version of that matrix on the Trade Date of the Transaction will be deemed to have been specified in the Confirmation.
- 1.4.2 In the event of any inconsistency between the Settlement Price Source Matrix and the Confirmation, the Confirmation will prevail.
- 1.5 Application of the Digital Asset Definitions to Parties: Any term used in a Confirmation will, when used in respect of a party, or a definition relating to a party, apply in respect of that party only.
- 1.6 ISDA: “ISDA” means the International Swaps and Derivatives Association, Inc. (or any successor).
- 1.7 ISDA Master Agreement: “ISDA Master Agreement” means the ISDA Master Agreement, if any, between the parties and referred to in the Confirmation.
- 1.8 Transaction: “Transaction” means a Transaction that incorporates the Digital Asset Definitions (or a part of them, provided that such partial incorporation is effected by express reference to the Digital Asset Definitions).
- 1.9 Confirmation
- 1.9.1 “Confirmation” means, in respect of a Transaction, one or more documents or other confirming evidence exchanged between the parties (including by means of an electronic messaging system, e-mail or electronic platform), or which are otherwise effective for the purpose of confirming that Transaction, and which taken together confirm all the terms of that Transaction.
- 1.9.2 References in the Digital Asset Definitions to details “as specified” refer to Transaction details agreed between the parties in the related Confirmation.
- 1.9.3 In the event of any inconsistency between the Confirmation and the Digital Asset Definitions, the Confirmation will prevail.
- 1.10 Conditions Precedent: Any payment or delivery obligation contained in the Digital Asset Definitions is subject to any condition precedent to a payment or delivery obligation specified in the ISDA Master Agreement.
2 Product Types and Settlement Terms
- 2.1 Product Types
- 2.1.1 Product Type: “Product Type” means, in respect of a Transaction, the Product Type specified as such.
- 2.1.2 Non-Deliverable Digital Asset Forward: “Non-Deliverable Digital Asset Forward” or “NDF” means a Transaction whose Product Type is specified as a Non-Deliverable Digital Asset Forward to which these Digital Asset Definitions apply.
- 2.1.3 Non-Deliverable Digital Asset Option: “Non-Deliverable Digital Asset Option” or “NDO” means a Transaction whose Product Type is specified as a Non-Deliverable Digital Asset Option to which these Digital Asset Definitions apply.
- 2.2 Product Type Settlement Terms:
- 2.2.1 Settlement Terms for Product Types: The settlement terms applicable to a Transaction will be as set out below for the Product Type of the Transaction:
Product Type Settlement Terms Applicable NDF NDF Settlement Terms NDO NDO Premium Payment and NDO Settlement Terms
- 2.2.2 NDF Settlement Terms
- (i) IF the Settlement Price at the Valuation Time on the Valuation Date is greater than the Forward Price,
- (ii) THEN the Seller will pay the Forward Cash Settlement Amount to the Buyer on the Settlement Date,
- (iii) OR ELSE IF the Settlement Price at the Valuation Time on the Valuation Date is less than the Forward Price,
- (iv) THEN the Buyer will pay the absolute value of the Forward Cash Settlement Amount to the Seller on the Settlement Date.
- 2.2.3 NDO Premium Payment
- (i) The Buyer will pay the Premium to the Seller in the Settlement Currency on the Premium Payment Date.
- 2.2.4 NDO Settlement Terms
- (i) IF all the conditions below are satisfied:
- (a) either:
- (I) the Buyer has given an NDO Exercise Notice to the Seller or, if applicable, the Seller's Designated Agent during an Exercise Window to exercise the NDO; or
- (II) "Automatic Exercise" is specified as Applicable in respect of the Transaction and the Automatic Exercise Condition has been satisfied,
- (a) either:
- (ii) THEN the Seller will pay the Option Cash Settlement Amount to the Buyer on the Settlement Date.
- (i) IF all the conditions below are satisfied:
- 2.2.5 Corrections of the Settlement Price
- (i) IF all of the conditions below are satisfied:
- (a) a correction is published by the Settlement Price Source Provider in respect of the Settlement Price for the Valuation Time on the Valuation Date; and
- (b) either party has notified the other party and, if the Calculation Agent is not a party to the Transaction, the Calculation Agent, of the correction prior to the Settlement Date,
- (ii) THEN the Calculation Agent, acting in good faith and using commercially reasonable procedures, will determine the amount that is payable as a result of that correction and, to the extent necessary, will adjust the terms of the Transaction to account for such correction.
- (i) IF all of the conditions below are satisfied:
- 2.2.2 NDF Settlement Terms
- 2.3 Definitions Relating to Settlement
- 2.3.1 “Automatic Exercise Condition” means each of the conditions below has been satisfied:
- (i) the Buyer has not previously given an NDO Exercise Notice to the Seller or, if applicable, the Seller's Designated Agent;
- (ii) the Buyer has not previously given an NDO Non-Auto Exercise Notice to the Seller or, if applicable, the Seller's Designated Agent; and
- (iii) the Option Cash Settlement Amount at the Expiration Time is greater than zero.
- 2.3.2 “Business Day Convention” means, if the Calendar Day Election is not specified as Applicable, the applicable convention for adjusting any relevant date in accordance with Section [6.1.1] if it would otherwise fall on a day that is not a Business Day, or, if the Calendar Day Election is specified as Applicable, not applicable.
- 2.3.3 “Commencement Date” means, in respect of a Transaction, the date specified as such, subject to adjustment in accordance with the Business Day Convention, if applicable, or, if no date is specified, the Trade Date.
- 2.3.4 “Currency Conversion Factor” means either:
- (i) if the Price Source Currency is the same as the Settlement Currency, 1, or
- (ii) if the Price Source Currency is not the same as the Settlement Currency, the amount of the Settlement Currency with a value equal to one unit of the Price Source Currency, using the currency exchange rate at the time at which such amount is determined, as determined by the Calculation Agent acting in good faith and using commercially reasonable procedures to produce a commercially reasonable result.
- 2.3.5 “Earliest Exercise Time” means, in respect of a Transaction, the time specified as such, or, if none is specified, 9.00 a.m. local time in the location specified in the related Confirmation for receipt by the Seller or, if applicable, the Seller's Designated Agent, of notices relating to the Transaction.
- 2.3.6 “Exercise Date” means:
- (i) where the Buyer has given an NDO Exercise Notice to the Seller, the exercise date specified in such NDO Exercise Notice, or, if no such date is specified, the effective date of the NDO Exercise Notice; and
- (ii) where the Automatic Exercise Condition is satisfied, the Expiration Date.
- 2.3.7 “Exercise Days” means, in respect of a Transaction, the days specified as such, subject to adjustment in accordance with the Business Day Convention, if applicable.
- 2.3.8 “Exercise Period Day” means, in respect of an NDO and its Option Style, each day set out below:
- 2.3.9 “Exercise Window” means the period from the Earliest Exercise Time to the Latest Exercise Time on any Exercise Period Day.
- 2.3.10 “Expiration Date” means, in respect of a Transaction, the date specified as such, subject to adjustment in accordance with the Business Day Convention, if applicable.
- 2.3.11 “Expiration Time” means, in respect of a Transaction, the Latest Exercise Time on the Expiration Date, or, if none is specified, the Valuation Time.
- 2.3.12 “Exercise Period Day” means, in respect of an NDO and its Option Style, each day set out below:
- 2.3.1 “Automatic Exercise Condition” means each of the conditions below has been satisfied: