Talk:Hedging Disruption - Equity Derivatives Provision: Difference between revisions

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“Hedging Disruption means that the Hedging Party is unable, after using commercially reasonable efforts, to (A) acquire, establish, re-establish, substitute, maintain, unwind or dispose of any Hedge Positions it deems necessary to hedge the market risk (including but not limited to equity price risk, foreign exchange risk and interest rate risk) of entering into and performing its obligations with respect to the relevant Covered Transaction, or (B) realize, recover, convert in the Settlement Currency, or remit the proceeds of and/or collateral posted with respect to any such Hedge Positions;
“Hedging Disruption” means that the Hedging Party is unable, after using commercially reasonable efforts, to (A) acquire, establish, re-establish, substitute, maintain, unwind or dispose of any transaction(s) or asset(s) it deems necessary to hedge the equity price risk of entering into and performing its obligations with respect to the relevant Transaction, or (B) realize, recover or remit the proceeds of any such transaction(s) or asset(s);