Template:2002 ISDA Equity Derivatives Definitions 13.4: Difference between revisions

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Template:2002 ISDA Equity Derivatives Definitions 13.4 (view source)

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 Section {{eqderivprov|13.4}}. '''{{eqderivprov|Additional Acknowledgments}}'''. If “'''{{eqderivprov|Additional Acknowledgments}}'''” is specified as applicable in the related {{eqderivprov|Confirmation}}, then unless agreed to the contrary expressly and in writing in the related {{eqderivprov|Confirmation}} for a {{eqderivprov|Transaction}} and notwithstanding any communication that each party ([[and/or]] its {{eqderivprov|Affiliates}}) may have had with the other party, each party to a {{eqderivprov|Transaction}} acknowledges that: <br>
-:(a)	neither the other party nor its Affiliates provides investment, tax, accounting, legal or other advice in respect of such {{eqderivprov|Transaction}};
+:{{eqderivprov|13.4(a)}} neither the other party nor its Affiliates provides investment, tax, accounting, legal or other advice in respect of such {{eqderivprov|Transaction}};
-:(b)	it has been given the opportunity to obtain information from the other party concerning the terms and conditions of such {{eqderivprov|Transaction}} necessary in order for it to evaluate the merits and risks of the {{eqderivprov|Transaction}}. Notwithstanding the foregoing, it and its advisors are not relying on any communication (written or oral and [[including, without limitation]], opinions of third party advisors) of the other party or its Affiliates as
+:{{eqderivprov|13.4(b)}} it has been given the opportunity to obtain information from the other party concerning the terms and conditions of such {{eqderivprov|Transaction}} necessary in order for it to evaluate the merits and risks of the {{eqderivprov|Transaction}}. Notwithstanding the foregoing, it and its advisors are not relying on any communication (written or oral and [[including, without limitation]], opinions of third party advisors) of the other party or its Affiliates as
 ::(i) legal, regulatory, tax, business, investments, financial, accounting or other advice,
 ::(ii) a recommendation to enter into such {{eqderivprov|Transaction}} or
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 ::(C) an assurance or guarantee as to the expected results of the {{eqderivprov|Transaction}}.
 ::Any such communication should not be the basis on which the recipient has entered into such {{eqderivprov|Transaction}}, and should be independently confirmed by the recipient and its advisors prior to entering into the {{eqderivprov|Transaction}}; and <br>
-:(c) the other party [[and/or]] its {{isdaprov|Affiliates}} may have banking or other commercial relationships with the issuer of the shares underlying such {{eqderivprov|Transaction}} and may engage in proprietary trading in the {{eqderivprov|Shares}} or the {{eqderivprov|Index}}({{eqderivprov|es}}) (as applicable) or options, futures, derivatives or other instruments relating to the {{eqderivprov|Shares}} or the {{eqderivprov|Index}}({{eqderivprov|es}}) (as applicable) (including such trading as such party [[and/or]] its Affiliates deem appropriate in their sole discretion to hedge their market risk on such {{eqderivprov|Transaction}} and other transactions relating to the {{eqderivprov|Shares}} or the {{eqderivprov|Index}}({{eqderivprov|es}}) (as applicable) between each party [[and/or]] its Affiliates and the other party or with third parties), and that such trading may affect the price of the {{eqderivprov|Shares}} or the {{eqderivprov|Index}}({{eqderivprov|es}}) (as applicable) and consequently the amounts payable or deliverable under such {{eqderivprov|Transaction}}. Such trading may be effected at any time, including on or near the {{eqderivprov|Valuation Date}}({{eqderivprov|s}}). <br>
+:{{eqderivprov|13.4(c)}} the other party [[and/or]] its {{isdaprov|Affiliates}} may have banking or other commercial relationships with the issuer of the shares underlying such {{eqderivprov|Transaction}} and may engage in proprietary trading in the {{eqderivprov|Shares}} or the {{eqderivprov|Index}}({{eqderivprov|es}}) (as applicable) or options, futures, derivatives or other instruments relating to the {{eqderivprov|Shares}} or the {{eqderivprov|Index}}({{eqderivprov|es}}) (as applicable) (including such trading as such party [[and/or]] its Affiliates deem appropriate in their sole discretion to hedge their market risk on such {{eqderivprov|Transaction}} and other transactions relating to the {{eqderivprov|Shares}} or the {{eqderivprov|Index}}({{eqderivprov|es}}) (as applicable) between each party [[and/or]] its Affiliates and the other party or with third parties), and that such trading may affect the price of the {{eqderivprov|Shares}} or the {{eqderivprov|Index}}({{eqderivprov|es}}) (as applicable) and consequently the amounts payable or deliverable under such {{eqderivprov|Transaction}}. Such trading may be effected at any time, including on or near the {{eqderivprov|Valuation Date}}({{eqderivprov|s}}). <br>