Trade Option definition

Trade Option means a Commodity Option between the Parties under the Contract that meets the conditions contained in CFTC Regulation 32.3(a). 12.2. The Parties shall seek to agree at the time a transaction is executed whether the transaction is a Trade Option or a contract excluded from the defined term “Swap” or otherwise exempt from reporting. If the transaction is a Trade Option, each Party shall report the transaction in accordance with CFTC Regulations. If the Parties cannot agree as to whether a transaction is a Trade Option or otherwise exempt from reporting, then each Party shall make its own determination. 12.3. Each Party warrants and represents as of the effective date of the Contract and on each date that it enters into a transaction subject to the Contract, that:

Examples of Trade Option in a sentence

  • The conditions set out in the Trade Option IFR include recordkeeping requirements for any trade options activity, i.e., the recordkeepingrequirements of 17 CFR 45.2.5 Such records must be maintained by all trade option participants pursuant to § 45.2 and made available to the Commission as specified therein.6 Section 45.2 applies different recordkeeping requirements, depending on the nature of the counterparty.

  • If such Trade Option Exemption is not otherwise available, it will direct the user to confer with counsel as to whether such instrument should be regulated as a swap and if the noteholder and issuer meet the requirements to be eligible to enter into the swap.

  • As a result, if the Token Purchase Option does not otherwise qualify for the Trade Option Exemption, issuers and investors will want to carefully consider the swap analysis with regard to their respective Token Purchase Option.

  • As a result, the Trade Option Exemption will not be available in many instances.

  • The Commission seeks to amend the OMB control number 3038-0106—Form TO, Annual Notice Filing for Counterparties to Unreported Trade Option.

  • Furthermore, since token presale instruments may constitute or contain a commodity forward contract or commodity option and may not otherwise qualify for the Trade Option Exemption or the Non-Financial Forward Contract Exclusion, we also consider whether such instruments would meet the Hybrid Instrument Exemption (defined below) and, as a result, be exempt from commodities law regulation.

  • As a result, an option to purchase tokens held by investors who are also network participants as part of their business may be eligible for the Trade Option Exemption if the conditions are met.

  • Each party represents to the other that, as of the Trade Date of each Covered Transaction that is not a Commodity Trade Option, it is an “eligible contract participant,” as that term is defined in Section 1a(18) of the CEA and applicable regulations thereunder (an “ECP”).

  • In addition, the Commission should adopt a threshold that would limit which entities are subject to the full part 45 reporting requirements due to their Trade Option activities.

  • The Trade Option Exemption was developed to afford commercial market participants with an exemption from trading in commodities that are physically delivered.

Related to Trade Option

  • Stock Option means a contractual right granted to an Eligible Person under Section 6 hereof to purchase shares of Common Stock at such time and price, and subject to such conditions, as are set forth in the Plan and the applicable Award Agreement.

  • Incentive Share Option means an Option that is intended to meet the requirements of Section 422 of the Code or any successor provision thereto.

  • Nonstatutory Stock Option means an Option not intended to qualify as an Incentive Stock Option.

  • SAR means a stock appreciation right granted under the Plan.

  • Non-Statutory Stock Option means a right to purchase Common Stock granted to an Eligible Recipient pursuant to Section 6 of the Plan that does not qualify as an Incentive Stock Option.