2002 ISDA Equity Derivatives Definitions
A Jolly Contrarian owner’s manual™
11.1 in a Nutshell™
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11.1 in all its glory
. Adjustments to Indices
11.1(a) [Successor Indices]. If, in respect of an Index Transaction or Index Basket Transaction, a relevant Index is (i) not calculated and announced by the Index Sponsor but is calculated and announced by a successor sponsor acceptable to the Calculation Agent, or (ii) replaced by a successor index using, in the determination of the Calculation Agent, the same or a substantially similar formula for and method of calculation as used in the calculation of that Index, then in each case that index (the “Successor Index”) will be deemed to be the Index.
11.1(b) If (i) on or prior to any Valuation Date in respect of an Index Transaction or Index Basket Transaction, a relevant Index Sponsor announces that it will make a material change in the formula for or the method of calculating that Index or in any other way materially modifies that Index (other than a modification prescribed in that formula or method to maintain that Index in the event of changes in constituent stock and capitalization and other routine events) (an “Index Modification”) or permanently cancels the Index and no Successor Index exists (an “Index Cancellation”) or (ii) on any Valuation Date in respect of an Index Transaction or Index Basket Transaction, the Index Sponsor fails to calculate and announce a relevant Index (an “Index Disruption” and together with an Index Modification and an Index Cancellation, each an “Index Adjustment Event”), then:
- (A) if “Calculation Agent Adjustment” is specified in the related Confirmation as the consequence of any such Index Adjustment Event, then the Calculation Agent shall determine if such Index Adjustment Event has a material effect on the Index Transaction and, if so, shall calculate the relevant Settlement Price, Final Price, Strike Price, Forward Price, Forward Floor Price, Forward Cap Price, Knock-in Price or Knock-out Price, as the case may be, using, in lieu of a published level for that Index, the level for that Index as at that Valuation Date as determined by the Calculation Agent in accordance with the formula for and method of calculating that Index last in effect prior to the change, failure or cancellation, but using only those securities that comprised that Index immediately prior to that Index Adjustment Event;
- (B) if “Negotiated Close-out” is specified in the related Confirmation as the consequence of any such Index Adjustment Event, then the parties may, but are not obliged to, terminate the Transaction on mutually acceptable terms and if they do not agree to terminate the Transaction, then it continues on the terms and subject to the conditions, formulas and calculation methods in effect as of any relevant time at which calculations may be made; or
- (C) if “Cancellation and Payment” is specified in the related Confirmation as the consequence of any such Index Adjustment Event, then
- (1) in the case of an Index Disruption, the Transaction will be cancelled on the Valuation Date,
- (2) in the case of an Index Cancellation, the Transaction will be cancelled on the later of the Exchange Business Day immediately prior to the effectiveness of the Index Cancellation and the date the Index Cancellation is announced by the Index Sponsor, and
- (3) in the case of an Index Modification, either party may elect, upon two Scheduled Trading Days' notice or such lesser notice as may be required so that termination occurs not later than the effective date of the Index Modification, to cancel the Transaction at any time following the announcement of the Index Modification but no later than the Scheduled Trading Day prior to the effectiveness of such Index Modification and (X) in the case of an Index Option Transaction or an Index Basket Option Transaction, Seller will pay to Buyer the amount specified in Section 12.7(b)(ii) and (Y) in the case of an Index Swap Transaction, an Index Basket Swap Transaction, an Index Forward Transaction or an Index Basket Forward Transaction, an amount calculated in accordance with Section 12.7(c) will be paid by one party to the other. Any Transaction cancelled as a result of an Index Adjustment Event will be valued using the formula or method to calculate the Index in effect immediately prior to such Index Adjustment Event.
Resources and Navigation
Article 11. Adjustments and Modifications Affecting Indices, Shares and Transactions
Section 11.1 Adjustments to Indices
- 11.1(a) (Successor Indices)
- 11.1(b) (Index Adjustment Events)
- 11.1(b)(A) (Calculation Agent Adjustment (Adjustment Events))
- 11.1(b)(B) (Negotiated Close-out (Adjustment Events))
- 11.1(b)(C) (Cancellation and Payment (Adjustment Events))
Section 11.2. Adjustments to Share Transactions and Share Basket Transactions
- 11.2(a). Method of Adjustment
- 11.2(b). Options Exchange Adjustment
- 11.2(c). Calculation Agent Adjustment
- 11.2(d). Options Exchange
- 11.2(e). Potential Adjustment Event
Section 11.3. Adjustments to Certain Share Transactions and Share Basket Transactions in European Currencies
Section 11.4. Correction of Share Prices and Index Levels
If I didn’t know them any better, I would say this is ISDA’s crack drafting squad™ in “I’ve just ended an unhappy love affair and I’m in a bad mood so you can damn well suffer, too” mood. Certainly reads like the writing of someone who has it in for the human race. Note there are cancellation options here, but also, independently, cancellation options for Index Adjustment Events in the Extraordinary Events selection. Why were these separated like this? For the sheer devil of it, most likely.
Typically, your master confirmation will set out the resolution method for each type of Index Adjustment Event separately — this figures, since depending on the type of Index Adjustment Event, the range of possibilities open to even the most imaginative Calculation Agent will differ. If the underlying Index has been cancelled, you can’t very just well make an adjustment and carry on, because there is nothing left to pay the performance of. It might have been nice had ISDA’s crack drafting squad™ programmed some of this into the definitions, but bless them, they didn’t, so let us speculate.
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