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2002 ISDA Equity Derivatives Definitions
A Jolly Contrarian owner’s manual™
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Paragraph 6.8 in a Nutshell™
Use at your own risk, campers!
6.8. If “ Futures Price Valuation” applies to an Index in an Index Transaction, then on a Valuation Date:
- 6.8(a) “Valuation Date” means the day on which the Official Settlement Price is published whether or not it is a Disrupted Day (except where Section 6.8(e) applies).
- 6.8(b) Additional definitions:
- 6.8(b)(i) “Exchange-traded Contract” for an Index is as specified in the Confirmation by reference to
- (A) that Index and
- (B) its delivery month; and
- (C) the Exchange on which it is traded.
- 6.8(b)(ii) “Official Settlement Price” means the official settlement price of the Exchange-traded Contracts as published by the Exchange or its clearing house.
- 6.8(c) Settlement Price and Final Price. the Settlement Price or the Final Price on any Valuation Date:
- 6.8(c)(i) for an Index Transaction, will be the Official Settlement Price; and
- 6.8(c)(ii) for an Index Basket Transaction, the Settlement Price or the Final Price will be as provided elsewhere in these Definitions, provided that the Relevant Price for each Index where Futures Price Valuation applies will be the Official Settlement Price.
- 6.8(d) Adjustments of the Exchange-traded Contract. Without duplicating Section 11.1 (which takes priority), if the Exchange-traded Contract is changed by the Exchange, the Calculation Agent will, if necessary, adjust the Strike Price, Number of Options, Initial Price, Forward Price, Forward Floor Price, Forward Cap Price, Knock-in Price, Knock-out Price or any other relevant variable to preserve the economic equivalent of any payments by the parties under the Transaction required after the date of the change.
- 6.8(e) Non-Commencement or Discontinuance of the Exchange-traded Contract. If there is no Official Settlement Price because trading in the Exchange-traded Contract is permanently discontinued by a Valuation Date, the Official Settlement Price for that Valuation Date the relevant Index level at the close of the Exchange’s regular trading session on the Valuation Date.
- The Expiration Date or Valuation Date will be the date on which Official Settlement Price would be published (had the Exchange-traded Contract been trading) unless it is a Disrupted Day, in which case Sections 3.1(f) or 6.6, will apply.
- 6.8(f) Corrections of the Official Settlement Price. If the Exchange corrects the Official Settlement Price for any Valuation Date within one Settlement Cycle after its original publication, either party may notify the other and the Calculation Agent will adjust the terms of the Transaction to account for such correction if needed and determine any amount payable as a result.
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Full text of Paragraph 6.8
Section 6.8. Futures Price Valuation. If “ Futures Price Valuation” is specified as applicable in respect of an Index in the related Confirmation of an Index Transaction, then notwithstanding any other provisions of these Definitions the following provisions will apply to the valuation of that Index on a Valuation Date:
- 6.8(a) Valuation Date. For the purpose of this Section 6.8 only, “Valuation Date” shall mean a day on which the Official Settlement Price is published and, in all cases except for Section 6.8(e), irrespective of whether such day is a Disrupted Day.
- 6.8(b) Additional Definitions Relating to Futures Price Valuation.
- 6.8(b)(i) “Exchange-traded Contract” in relation to an Index means a contract specified as such for that Index in the related Confirmation. For this purpose, the parties shall specify the futures or options contract by reference to (A) the Index to which it relates, (B) the delivery month of such contract and (C) the exchange on which it is traded.
- 6.8(b)(ii) “Official Settlement Price” means the official settlement price (however described under the rules of the relevant Exchange or its clearing house) of any of the relevant Exchange-traded Contracts published by the Exchange or its clearing house.
- 6.8(c) Settlement Price and Final Price. For purposes of determining the Settlement Price or the Final Price, as the case may be, on a Valuation Date:
- 6.8(c)(i) in respect of an Index Transaction, the Settlement Price or the Final Price will be the Official Settlement Price on that Valuation Date; and
- 6.8(c)(ii) in respect of an Index Basket Transaction, the Settlement Price or the Final Price will be determined as otherwise provided in these Definitions, provided, however, that in relation to each Index for which Futures Price Valuation is applicable, the Relevant Price will be the Official Settlement Price (weighted or adjusted in relation to that Index as provided in the related Confirmation) on that Valuation Date.
- 6.8(d) Adjustments of the Exchange-traded Contract. Without duplication of Section 11.1 (which shall govern in the event of any conflict), in the event that the terms of the Exchange-traded Contract are changed or modified by the Exchange, the Calculation Agent shall, if necessary, adjust one or more of the Strike Price, the Number of Options, the Initial Price, the Forward Price, the Forward Floor Price, the Forward Cap Price, the Knock-in Price, the Knock-out Price and/or any other variable relevant to the settlement terms of the Transaction to preserve for each party the economic equivalent of any payment or payments (assuming satisfaction of each applicable condition precedent) by the parties in respect of the Transaction that would have been required after the date of such change.
- 6.8(e) Non-Commencement or Discontinuance of the Exchange-traded Contract. If there is no Official Settlement Price as a result of the fact that trading in the Exchange-traded Contract never commences or is permanently discontinued at any time on or prior to a Valuation Date, the Official Settlement Price for that Valuation Date shall be deemed to be the level of the relevant Index at the close of the regular trading session on the relevant Exchange on the Valuation Date. If this Section 6.8(e) applies, then the Expiration Date, in respect of an Option Transaction, or the relevant Valuation Date, in respect of a Forward Transaction or an Equity Swap Transaction, shall mean the date that, but for the non-commencement or permanent discontinuance of the Exchange-traded Contract, would have been the date of publishing the relevant Official Settlement Price unless such day is a Disrupted Day, in which case the provisions of Sections 3.1(f) or 6.6, as applicable, will apply.
- 6.8(f) Corrections of the Official Settlement Price. If the Official Settlement Price for any Valuation Date is corrected and the correction is published by the relevant exchange within one Settlement Cycle for the related Exchange-traded Contract after the original publication, either party may notify the other party of that correction and the Calculation Agent will determine the amount that is payable as a result of that correction and, to the extent necessary, will adjust the terms of such Transaction to account for such correction.
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Content and comparisons
Section 6.1. Valuation Time
Section 6.2. Valuation Date
Section 6.3. General Terms Relating to Market Disruption Events
- 6.3(a) Market Disruption Event
- 6.3(b) Trading Disruption
- 6.3(c) Exchange Disruption
- 6.3(d) Early Closure
Section 6.4. Disrupted Day
Section 6.5. Scheduled Valuation Date
Section 6.6. Consequences of Disrupted Days
Section 6.7. Averaging
- 6.7(a). Averaging Date
- 6.7(b). Settlement Price and Final Price
- 6.7(c). Averaging Date Disruption
- 6.7(d). Adjustments of the Exchange-traded Contract
- 6.7(e). Adjustments to Indices (Averaging)
Section 6.8. Futures Price Valuation
- 6.8(a) Valuation Date (Futures Price Valuation)
- 6.8(b) Additional definitions (Futures Price Valuation)
- 6.8(c) Settlement Price and Final Price (Futures Price Valuation)
- 6.8(d) Adjustments of the Exchange-traded Contract (Futures Price Valuation)
- 6.8(e) Non-Commencement or Discontinuance of the Exchange-traded Contract
- 6.8(f) Corrections of the Official Settlement Price
Paragraph 6.8(d) is identical to the text of 6.7(d), except that that relates to Averaging.
Summary
Where you price an Index Swap or Index Basket Swap by reference to an futures contract rather than the published price of the Index itself. This requires you to designate not just the Index to which the futures contract relates (which needless to say you’d be specifying anyway), but also the delivery month of the relevant futures contract and the exchange on which the futures contract is traded.
Note that valuation keys off the Official Settlement Price published by the Exchange on the Valuation Date, so you don’t need the Valuation Time concept.
Part of the greater flow of what you should do if you have a Index swap which you are hedging by reference to an Exchange-traded Contract. This part: what to do if the Exchange-traded Contract you are hedging with goes away, or — more ontologically challengingly, you would think — never existed in the first place.
General discussion
A trick for young players. For all this talk of Futures Price Valuation, section 6.8 is all about Index Transactions and Index Basket Transactions, where (since you can’t by an Index directly, it not being a corporeal thing, but merely an interesting[1] disembodied intellectual concept), so the cleanest way of getting actual exposure to an index is to buy futures on the Index. It’s that, or buying the actual shares underlying the index — which is quite the operational pain in the posterior, if there are a hundred shares: all that balancing whenever the index constituents change. Gah. You get the idea.
Now, what say you want to write an Equity Swap Transaction on a share future directly?
Question one you’ll have (I know, because I had it) is why would you write an OTC derivative on an exchange-traded derivative of an exchange-traded security? At least with an Index, if you want to hedge unmessily, the only option is a future. Hence all this Futures Price Valuation malarkey.
But if it is just a single share, why not just reference that single Share and make it a standard Share Transaction?
As is so often the case, the answer can be laid at the door of our American friends. The CFTC doesn’t allow one to write swaps on certain Shares, so if you want synthetic exposure to them, the, ahhh, future is your only hope.[2]
You may want to borrow some of the concepts from this Futures Price Valuation — what’s not to like about ISDA standard drafting, after all — but you’ll need to do some ninja mutatis mutandis moves, taking our references to “Index” throughougt and replacing them with references to “the assets underling the Exchange-traded Contract”.
See also
References
- ↑ Look, just go with me on this one, would you?
- ↑ This sounds like something Criswell would say, doesn’t it?