Conflicts of Interest
The EBC Rules do not change the fundamental conflict of interest that is inherent in every swap because a positive performance for one party will inevitably be a negative performance for the other party. Because of this unavoidable conflict of interest, communications from Jefferies with respect to swaps are not, and should not be treated or relied upon as, or considered by you to be, investment advice or an offer, inducement, recommendation, suggestion or call for you to enter into any swap.
Additional material conflicts of interest may arise between you and Jefferies in connection with swaps that are subject to mandatory clearing. Under applicable law, including regulations of the CFTC, all such swaps are required to be executed on an exchange or swap execution facility (each, a “Trading Facility”) if at least one Trading Facility makes such swaps available to trade. In such circumstances, Jefferies or an affiliate may receive fees, discounts and/or other financial benefits if the swap is executed on a Trading Facility in which Jefferies or an affiliate has an interest as a member, market-maker, equity owner, board member and/or some other form of interested party.
If more than one Trading Facility makes a cleared swap available to trade, Jefferies may decline to execute the swap unless it is executed on a Trading Facility preferred by Jefferies. Applicable law also permits an end-user counterparty to choose the CFTC-registered DCO to which a cleared swap is submitted for clearing. Jefferies or an affiliate may receive fees, discounts and/or other financial benefits if the swap is cleared at a DCO in which Jefferies or an affiliate has an interest as a member, market-maker, equity owner, board member and/or some other form of interested party.
Jefferies may decline to execute a swap unless it will be cleared at a DCO preferred by Jefferies rather than one chosen by you. Jefferies may also decline to execute a swap to be cleared at a DCO chosen by you if it does not have the ability to submit swaps for clearing to that DCO.
Another potential conflict of interest with respect to Trading Facilities and DCOs in which Jefferies or an affiliate has an interest is that individual employees and officers of Jefferies or its affiliates may also serve on the board of directors or on one or more committees of such a Trading Facility or DCO and may consequently be able to influence policies and practices of the organization.
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