Template:M summ EUA Annex Settlement Disruption and Suspension: Difference between revisions

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===“Continuing” Settlement Disruptions and Suspensions===
===“Continuing” Settlement Disruptions and Suspensions===
Now things start getting properly baroque. Whether one is Suspended or suffering a Settlement Disruption, the ’squad contemplates the scenario where the disruption stretches out so far past the original scheduled {{euaprov|Delivery Date}} that thigs are getting ridiculous. After this time of course we must deal with the phantoms and succubi of unexpected reconciliation deadlines, end of phase reconciliation deadlines which of course we are not within the parties’ original contemplation, the original {{euaprov|Delivery Date}} scheduled to occur before any of these could happen. At the end of a period not longer than nine {{euaprov|Delivery Business Days}} after the original {{euaprov|Delivery Date}}, an “{{isdaprov|Illegality}}” {{isdaprov|Termination Event}} will be deemed to occur.
Now things start getting properly baroque. Whether one is Suspended or suffering a Settlement Disruption, the ’squad contemplates the scenario where the disruption stretches out so far past the original scheduled {{euaprov|Delivery Date}} that things have become ridiculous.  


But the oddest thing here is that, in either case, once we get to the “let’s call the whole thing off” point, the Transaction is just wiped from the horizon as if it did not exist. Any partially settled payments must be returned, and the parties just sort of skulk away as if they had never been there in the first place.  
After that amount of time, of course, we must deal with the phantoms and succubi of unexpected reconciliation deadlines, {{euaprov|End of Phase Reconciliation Deadlines}} and so on which, of course were hardly within the parties’ original contemplation, the original {{euaprov|Delivery Date}} having been deliberately scheduled to fall before any of these could happen.  


We have to confess we don’t understand the logic of that. A person who has ''sold'' an {{euaprov|Allowance}} — who economically has expressed the opinion that it wants out of this exposure, now, even if it will agree to finance its carrying cost until later — possibly for the precise reason that it may become unfashionable, hard to transfer, illiquid, or of lower than present value — finds that, because said asset having become hard to transfer, exactly like she thought it would, she now has to suck the whole thing up, wave away all those juicy sale proceeds, and she doesn’t even get compensated for the Cost of Carry Amount she thought she was entitled to.
For a Settlement Disuption Event, at the end of an unseemly short period — it’s complex, but in any case not longer than nine {{euaprov|Delivery Business Days}} after the original {{euaprov|Delivery Date}} — an “{{isdaprov|Illegality}}” {{isdaprov|Termination Event}} will be deemed to occur.
 
For a Suspension the period is a lot, but arbitrarily, longer — maybe six months, maybe eighteen, depending on when your event happens in the {{euaprov|Compliance Period}} — but eventually one gets to the same place: an {{isdaprov|Illegality}}, and a forced termination.
 
But just wait: the oddest thing here is that, in either case, once we get to that “let’s call the whole thing off” point, ''the {{euaprov|Transaction}} is just wiped from the horizon as if it did not exist.'' No close out amount, no replacement value, nothing like that: Any partially settled pre-payments must be returned (unless the corresponding EUAs that have actually been delivered), and the parties just sort of skulk away as if they had never transacted in the first place.  This is a bit like an [[ipso facto clause]], isn’t it?
 
We have to confess we don’t understand its logic, however you characterise it.  
 
A person who has ''sold'' an {{euaprov|Allowance}} — who economically has expressed the opinion that it wants out of this exposure, now, even if it will agree to finance its carrying cost until later — possibly for the precise reason that it may become unfashionable, hard to transfer, illiquid, or of lower than present value — finds that, because said asset having become hard to transfer, exactly like she thought it would, she now has to suck the whole thing up, wave away all those juicy sale proceeds, and she doesn’t even get compensated for the Cost of Carry Amount she thought she was entitled to.


Don’t follow that.
Don’t follow that.

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