Composition of Combined Consideration - Equity Derivatives Provision

Template:Eqderivanat The pedantrous may ask to remove references to the Calculation Agent’s sole discretion. Get your kicks — it’s doubtful that makes any difference: making a determination without specifically saying how you should do it implies you’ll make it up on the fly. What is your counter argument, when the calculation makes a determination you don’t like, meant to be.

“Oh! you used your discretion! you were supposed to ask me!”
“No I wasn’t.”
“Oh, yes you were!”
“Where does it say that?”

Here follows a large pause, wherein negotiator realises that removing the words “, in its sole discretion,” doesn’t achieve anything.

“... Well it doesn't say you weren’t meant to ask me ...”

You know where this is heading, don’t you. Come on: let's go there, for old time’s sake.

“Where?” did I hear you say? I can scarce believe it.

Oh come on, “where?” indeed. You know where.

See also

• Discretion
• Sole and absolute discretion