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

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

  • 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”).

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

  • 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, 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.

  • The ConsenSys Automated Convertible Note also provides built-in protections for token purchasers who will also participate on the network as part of their business and intend to benefit from the Trade Option Exemption.

  • If a transaction is a Trade Option, each Party shall report the transaction in accordance with CFTC Regulation Part 32 and any applicable CFTC no-action letter.

  • 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.


More Definitions of Trade Option

Trade Option means a Commodity Option between the Parties under the Agreement that meets the conditions contained in CFTC Regulation 32.3(a). 16.2 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 a transaction is a Trade Option, each Party shall report the transaction in accordance with CFTC Regulation Part 32 and any applicable CFTC no-action letter. 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. 16.3 Each Party warrants and represents that, as of the effective date of this Agreement and on each date that it enters into a transaction subject to this Agreement, that: (i) It regularly makes or takes delivery of the commodity that is the subject of the transactions that are entered into subject to this Agreement in the ordinary course of its business, and any transaction it enters into subject to this Agreement is entered into in connection with such business; (ii) To the extent that any transaction entered into subject to this Agreement contains an embedded option, then either the factors determining the exercise of such option are beyond the control of the exercising Party, or if it is the offeree (i.e. Utility) of such option, it is a producer, processor, commercial user of, or a merchant handling the commodity, products, or byproducts thereof, that is/are the subject of the transaction (a "Commercial Party") and that it is entering into the transaction solely for purposes related to its business as such; and if it is the offeror (i.e. UGIES) of such option, it is either a Commercial Party and it is entering into the transaction solely for purposes related to its business as such or it is an "eligible contract participant," as defined in Section la(18) of the Commodity Exchange Act and the rules, regulations, orders, and interpretations of the CFTC and, as applicable, the SEC; and (iii) It intends to make or take physical delivery of the commodity that is the subject of any transaction it enters into subject to this Agreement, in accordance with the terms and provisions of any applicable confirmations and this Agreement. 16.4 Each Party will promptly notify the other Party if any representation is made by such Party, with respect to the Xxxx-Xxxxx Provisions, becomes materially incorrect or misleading in an...

Related to Trade Option

  • Shoe Option means the Initial Purchasers’ option to purchase up to seventy five million dollars ($75,000,000) aggregate principal amount of additional Notes as provided for in the Purchase Agreement.

  • Employee Option means an Option granted pursuant to Section 5.

  • 3(i) Option means an Option granted pursuant to Section 3(i) of the Ordinance to any person who is Non- Employee.

  • Reload Option means any Option granted under Section 6(a)(iv) of the Plan.

  • 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.

  • Performance Option means an Incentive Stock Option or Nonqualified Stock Option, the grant of which or the exercisability of all or a portion of which is contingent upon the attainment of specified Performance Measures within a specified Performance Period.

  • Incentive Option means an option which satisfies the requirements of Code Section 422.

  • Director Option means an Option granted pursuant to Section 6.

  • 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.

  • Top-Up Option has the meaning set forth in Section 1.04(a).

  • Nonqualified Option means any Option that is not an Incentive Stock Option.

  • Vested Option means any Option, which has already been vested according to the Vesting Dates.

  • Option Right means the right to purchase Common Shares upon exercise of an option granted pursuant to Section 4 of this Plan.

  • Tandem Appreciation Right means an Appreciation Right granted pursuant to Section 5 of this Plan that is granted in tandem with an Option Right.

  • Share Option means a Nonqualified Share Option or an Incentive Share Option.

  • Parent Stock Option means any option to purchase Parent Common Stock.

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

  • Non-Tandem Stock Appreciation Right means the right to receive an amount in cash and/or stock equal to the difference between (x) the Fair Market Value of a share of Common Stock on the date such right is exercised, and (y) the aggregate exercise price of such right, otherwise than on surrender of a Stock Option.

  • 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.

  • Company Stock Option means each option to purchase shares of Company Common Stock outstanding under the Company Stock Plans.

  • Vested Company Option means each Company Option outstanding as of immediately prior to the Effective Time that is vested as of such time or will vest in connection with the consummation of the transactions contemplated hereby (whether at the Effective Time or otherwise).

  • Unvested Option means an Option in respect of which the relevant Vesting Conditions have not been satisfied and as such, the Option Grantee has not become eligible to exercise the Option.

  • Substitute Option means an Option granted in substitution for, or upon the conversion of, an option granted by another entity to purchase equity securities in the granting entity.

  • Stock Option Agreement means the agreement between the Company and an Optionee that contains the terms, conditions and restrictions pertaining to the Optionee’s Option.

  • Stock Options means the collective reference to "Incentive Stock Options" and "Other Stock Options".