If one or more of the named executives dies, quits, spends too much time on another job, or is otherwise unavailable, the key man clause puts investing on hold. The firm cannot make new investments until a suitable replacement is found.
A deal contingent forward is a specialised forward foreign exchange (FX) contract. The hedging customer is only obliged to fulfil the contract if a planned major transaction, such as an acquisition, occurs.
The "Phoenix" or "Lookback" clause is common in DCHs, covering scenarios where Completion fails, possibly due to an unexpected negative outcome at a Shareholders' Meeting. Here, the DCH would end, and the bank would bear the mark-to-market losses of its hedge, if there are any.
The break is applied from the Trade Date and covers both the option and underlying swap up to the underlying swap Termination Date. A break clause / revised break clause would be applied from the Expiration Date as if such date was the Trade Date for the purposes of the ISDA ETOP Best Practice statement.
The framework consists of a master agreement, a schedule, confirmations, definition booklets, and credit support documentation.
– Phoenix clause: The phoenix or “lookback” clause is viewed as a protection which mitigates the bank's risk exposure under any back- to-back trade entered into in connection with a DC.
The "Phoenix" or "Lookback" clause is common in DCHs, covering scenarios where Completion fails, possibly due to an unexpected negative outcome at a Shareholders' Meeting. Here, the DCH would end, and the bank would bear the mark-to-market losses of its hedge, if there are any.
Bottom Line Up Front. Homes under contract have an accepted offer, but there's still time to put in a competing one. Contingent home sales are on hold, but only for as long as it takes to meet stipulations. Pending homes are on their way to a final sale, barring any extraordinary circumstances.
The primary difference between a contingent versus pending status on a real estate listing is that a contingency indicates the sale is conditional upon certain factors, while pending indicates all contingencies have been met, and the sale is moving towards closing.
Briefly, the stages of a contract of sale are: (1) negotiation, covering the period from the time the prospective contracting parties indicate interest in the contract to the time the contract is perfected; (2) perfection, which takes place upon the concurrence of the essential elements of the sale, which is the ...