Increased Cost of Stock Borrow - Equity Derivatives Provision: Difference between revisions
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{{eqderivsnap|12.9(b)(v)}} | {{eqderivsnap|12.9(b)(v)}} | ||
====Commentary==== | ====Commentary==== | ||
'''Summary''': | '''Summary''': When the Hedging Party notifies an {{eqderivprov|Increased Cost of Stock Borrow}}, specifiying a proposed {{eqderivprov|Price Adjustment}}, the non-Hedging Party has three options: | ||
#Accept the {{eqderivprov|Price Adjustment}} and the {{eqderivprov|Transaction}} is amended accordingly; | |||
#Make a one-off payment of the determined {{eqderivprov|Price Adjustment}}; or | |||
#Terminate the {{eqderivprov|Transaction}} on the second {{eqderivprov|Scheduled Trading Day}}. | |||
Only if the {{eqderivprov|Non-Hedging Party}} has failed to give any such election by the end of the second {{eqderivprov|Scheduled Trading Day}} can the {{eqderivprov|Hedging Party}} terminate the {{eqderivprov|Transaction}}. The {{eqderivprov|Non-Hedging Party}} can lend the {{eqderivprov|Hedging Party}} the relevant {{eqderivprov|Shares}} in the intervening period to mitigate its loss. | |||
Compare and Contrast with {{eqderivprov|Loss of Stock Borrow}}, where the Non-Hedging Party has a bit less flexibility in what it does - it either has to pony up (or procure) a stock borrow within 2 Scheduled Trading Days itself, or Hedging Party can terminate. Therefore Increased Cost of Stock Borrow is the "gentler" provision from the Non-Hedging Party's perspective. | |||
====Related Provisions==== | ====Related Provisions==== | ||
{{eqderivanatomy}} | {{eqderivanatomy}} | ||
Revision as of 14:19, 19 June 2014
Definition
Operative Provision
Commentary
Summary: When the Hedging Party notifies an Increased Cost of Stock Borrow, specifiying a proposed Price Adjustment, the non-Hedging Party has three options:
- Accept the Price Adjustment and the Transaction is amended accordingly;
- Make a one-off payment of the determined Price Adjustment; or
- Terminate the Transaction on the second Scheduled Trading Day.
Only if the Non-Hedging Party has failed to give any such election by the end of the second Scheduled Trading Day can the Hedging Party terminate the Transaction. The Non-Hedging Party can lend the Hedging Party the relevant Shares in the intervening period to mitigate its loss.
Compare and Contrast with Loss of Stock Borrow, where the Non-Hedging Party has a bit less flexibility in what it does - it either has to pony up (or procure) a stock borrow within 2 Scheduled Trading Days itself, or Hedging Party can terminate. Therefore Increased Cost of Stock Borrow is the "gentler" provision from the Non-Hedging Party's perspective.