Template:M gen Equity Derivatives 12.9(b): Difference between revisions

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=== {{eqderivprov|Consequences of Change in Law or Insolvency Filing}} under Section {{eqderivprov|12.9(b)(i)}} ===
=== {{eqderivprov|Consequences of Change in Law or Insolvency Filing}} under Section {{eqderivprov|12.9(b)(i)}} ===
Your counterparties — or at any rate, their [[legal department|legal departments]] — may enjoy the intellectual challenge of jousting over the precise number of days’ notice one must give before decreeing and acting upon a {{eqderivprov|Change in Law}} or {{eqderivprov|Insolvency Filing}}. The practical reality here is that a sensible [[broker]] will be in touch with affected clients and will manage out of such a position by some kind of consent without reaching for a copy of the agreement, and a ''non''-sensible broker won’t have [[clients]] for very long, but that is not how [[legal eagles]] are conditioned to think.
Your counterparties — or at any rate, their [[legal department|legal departments]] — may enjoy the intellectual challenge of jousting over the precise number of days’ notice one must give before decreeing and acting upon a {{eqderivprov|Change in Law}} or {{eqderivprov|Insolvency Filing}}. The practical reality here is that a sensible [[broker]] will be in touch with affected clients and will manage out of such a position by some kind of consent without reaching for a copy of the agreement, and a ''non''-sensible broker won’t have [[clients]] for very long, but that is not how [[legal eagles]] are conditioned to think.
==={{eqderivprov|Consequences of Failure to Deliver}} under Section {{eqderivprov|12.9(b)(ii)}}===
This is for [physical settlement]] only.
[[ - Equity Derivatives Provision|A]] beast of a definition, even when nutshelled, but relevant only if [[physical settlement]] is your bag. If you cash settle your [[equity swap|equity swaps]] — and in synthetic prime brokerage, that’s kinda the point, you know — you can keep on truckin’.
On that note: RIGHT HAND TURN, CLYDE.


==={{eqderivprov|Consequences of Hedging Disruption and Loss of Stock Borrow}} under {{eqderivprov|12.9(b)(vii)}}===
==={{eqderivprov|Consequences of Hedging Disruption and Loss of Stock Borrow}} under {{eqderivprov|12.9(b)(vii)}}===
If the same event could be a {{eqderivprov|Hedging Disruption}} ''or'' a {{eqderivprov|Loss of Stock Borrow}}, it will be treated as a {{eqderivprov|Loss of Stock Borrow}}. The remedies for that are marginally less stentorian.
If the same event could be a {{eqderivprov|Hedging Disruption}} ''or'' a {{eqderivprov|Loss of Stock Borrow}}, it will be treated as a {{eqderivprov|Loss of Stock Borrow}}. The remedies for that are marginally less stentorian.

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