Dodd-Frank Resource Centre
Material Economic Terms and ISDA Definitions
IMPORTANT INFORMATION CONCERNING PRE-TRADE DISCLOSURES
The information compiled in the material economic terms file (“METs Files”) have been assembled by MarkitSERV Ltd., which is the owner of such compilation of data, and has licensed it to Deutsche Bank for distribution to you. Any redistribution by you of this data, whether or not for a fee, to third parties is strictly prohibited. The METs Files contain material economic terms (collectively, the “METs Files”) relating to a variety of types of transactions (“Transactions”) that a registered swap dealer (“SD”) may enter into with you from time to time. The METs Files may include terms and information that are supplementary to the material information required under 17 CFR § 23.431(a), and accordingly, the inclusion of terms or information in the METs File should not be construed to mean that each such term or information constitutes material information required under 17 CFR § 23.431(a). The METs Files do not contain all material information required to be provided to you under 17 CFR § 23.431(a) and should be read in conjunction with the material characteristics, material risks, material incentives and conflicts of interest, the terms relating to the operation of the swap, and the rights and obligations of the parties during the life of the swap, provided to you by the relevant SD. Before entering into any Transaction, you should conduct a thorough and independent evaluation of the terms of the Transaction in light of your particular circumstances and the nature and extent of your exposure to, and willingness to incur, risk. You should also consider whether the Transaction is appropriate for you in light of your experience, objectives, financial and operational resources and other relevant circumstances.
The delivery of these METs Files is for the sole purpose of satisfying the SD’s obligation under 17 CFR § 23.431(a) and are subject to the important qualifications described below. Important Qualifications to the METs Files
1. Any oral and/or written material information a SD provides to you prior to execution in respect of an actual or potential Transaction shall supersede the METs Files provided herein and, in the event of any inconsistency between such oral and/or written communication and the METs Files, such oral and/or written communication shall govern. Such superseding material information may include communications notifying you that an actual or potential Transaction will have the terms set forth in a specified prior transaction, form confirmation, terms spreadsheet or master confirmation agreement.
2. The agreed upon terms of any Transaction that a SD enters into with you shall be set forth in a confirmation or other agreement that you and such SD enter into with respect to such Transaction. Upon execution of a confirmation or other agreement, the terms specified in these METs Files shall be replaced and superseded by such confirmation or agreement. Such confirmation or agreement may differ materially from the METs Files provided herein.
3. For Transactions not provided for in the METs Files, if you and the SD have previously entered into a transaction of the same type, the Transaction will have the terms set forth in the most recent transaction of the same type that you and the SD entered into, subject to any oral and/or written communication in respect of the Transaction between you and the SD.
4. If you and the SD enter into a Transaction that is cleared through a clearinghouse or executed through a trading platform that prescribes the terms of the Transaction, the Transaction will have the terms specified by the applicable clearinghouse or trading platform and, subject to the rules of the clearinghouse or trading platform, any additional terms that you and the SD expressly agree upon in connection with the Transaction.
5. If you and the SD enter into a Transaction for “give-up” to a third party as a prime brokerage arrangement, the terms of the Transaction will be subject to the terms of any agreement with that third party.
6. By making this document available, the SD is not indicating its willingness to enter into any Transaction with any counterparty on any terms. This METs File does not constitute an agreement, offer, a solicitation of an offer, or any advice or recommendation to conclude any transaction or confirmation thereof (whether on the terms shown or otherwise).
7. The SD providing this METs File to you does not guarantee its completeness or accuracy, make any representation or warranty with regard to it, or assume responsibility for losses or damages arising out of your use of the METs File.
8. The SD providing the METs File to you has not advised you as to the appropriateness of any particular use of the METs File, including in connection with internal financial or accounting determinations or in satisfaction of reporting obligations. You should consult with your auditors and other advisors you deem appropriate as to whether the METs File may be useful in connection with the preparation of your financial statements, shareholder or investor reporting documentation, or for any other purpose.
9. The SD providing the METs File to you is not acting in the capacity of your fiduciary, financial advisor or agent in providing the METs Files herein.
10. The METS File is being provided via electronic means and the SD shall not be held responsible for any corruption or alteration of the data during transmission to you.
Certain rights and obligations of the parties during the term of a swap are generally contained in master documentation (e.g., ISDA master agreement) between the swap dealer and the Counterparty (herein, the “Master Agreement”).
Certain terms relating to the operation of a swap are contained in the provisions of most recent dated asset class definitional booklets unless otherwise agreed by the parties
Please refer to your Master Agreement and these definitional booklets for these rights, obligations and terms prior to trading. The ISDA definitional booklets are contained on this website under Material Economic Terms and ISDA Definitions. Any supplements to these ISDA Definitions or other market documents that are distributed by ISDA free of charge are available at: www.isda.org
The remaining terms of any specific swap will be contained in the relevant confirmation of the swap (a “Confirmation”) between the swap dealer and the Counterparty. Confirmations are generally entered into between the swap dealer and the Counterparty post-trade.
Therefore, in order to furnish the remaining terms of any specific swap (to the extent that they constitute material characteristics) at a reasonably sufficient time prior to entering into a swap in accordance with the Commodities Futures Trading Commission rules, we are setting forth below, for each product, the following terms (which would be found in a Confirmation): (a) static terms of the swap and (b) dynamic terms for the swap.
Static terms of the swap are the terms which will remain the same for the products detailed in the attached material economic terms. The dynamic terms are the terms which are to be agreed between the swap dealer and the Counterparty at the time of trading. Please note that these specific dynamic terms will then be set forth in a Confirmation.