Transaction Risk Information, Disclosures and Documents
1. ISDA Risk Disclosure Documents. In order to assess the material risks and characteristics of a swap, please review (a) the “General Disclosure Statement for Transactions” and (b) the disclosure annexes related to the following products (as applicable) that are published by the International Swaps and Derivatives Association, Inc. (“ISDA”) prior to entering into any swap with us:
-Commodity Derivative Transactions
-Equity Derivative Transactions
-Foreign Exchange Transactions
-Interest Rate Transactions
The General Disclosure Statement and the disclosure annexes provide detailed information about the risks of swaps. Jefferies may supplement these risk disclosures with other customized disclosures that will be provided to you, if applicable.
The factors that have the most significant influence on day-to-day changes in the value of a swap, as well as the factors or events that actually lead to significant losses, may ultimately be unpredictable and may be different than any mentioned in the disclosures provided.
Please click on the Product Disclosures & METs link on the left to find the ISDA Risk Disclosure Documents applicable to the products you trade with us.
2. Transaction Contracts and Documentation. Unless it is intended to be cleared, your swap with Jefferies will be documented under an ISDA Master Agreement or another standard form of swap documentation (including a swap trading agreement prepared by Jefferies) (“Counterparty Relationship Documentation”), in each case supplemented by a confirmation that sets forth all of the terms of the relevant transaction and may incorporate certain ISDA definitions by reference. Please click on the Product Disclosures & METs link on the left to find the Material Economic Terms section which shall include the relevant confirmation templates and definitions applicable to the products you trade with us. Using the link below, you will find forms of Counterparty Relationship Documentation that may be used to document your relationship with Jefferies, including an ISDA Master Agreement, Credit Support Documentation, and other supplemental materials. Alternatively, your relationship with Jefferies may be documented by a swap trading agreement which can be delivered to you by requesting it from your Jefferies representative.
Please read carefully all relevant documentation (including definitions) prior to entering into a swap with us.
ISDA Master Agreement
ISDA Credit Support Annex
ISDA holds copyright on certain ISDA documents (“ISDA Content”) and such works may not be reproduced or distributed without ISDA’s written permission, except the ISDA Master Agreements, ISDA Credit Support Documents and standardized general and product specific risk disclosures published by ISDA, which may be reproduced and distributed solely for use in documenting specific commercial transactions. In no event may any copyright or trademark notice be removed. ISDA makes no warranty, express or implied, concerning the suitability of ISDA documentation for use in any particular transaction. You should only enter into transactions after receiving appropriate legal advice with respect to the provisions of ISDA documentation as ISDA bears no responsibility or liability whatsoever, whether in tort or contract, in respect of any such use. ISDA, its officers, directors, employees, subcontractors, agents, successors or assigns (collectively “Covered Parties”) shall not be liable to you for any loss, injury, claim, liability or damage of any kind whatsoever resulting from, arising out of or in any way related to: (a) any errors in or omissions from the ISDA Content; (b) your use of the ISDA Content; (c) your use of any equipment or software in connection with the ISDA Content; or (d) any delay or failure in performance. The aggregate liability of the Covered Parties to you in connection with any other claim arising out of or relating to the ISDA Content shall not exceed $500.00, which right shall be in lieu of all other remedies that you may have against ISDA. In no event shall the Covered Parties be liable for any special, indirect, incidental or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees), lost profits or lost savings in any way due to, resulting from or arising in connection with the ISDA Content contained therein, regardless of any negligence of the Covered Parties.
Links to websites provided herein are for your reference and convenience. By clicking on the links to those certain websites you leave the Jefferies website and acknowledge that Jefferies has no control over the content of those websites or the continued availability of materials you may find there.