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BNP Paribas (“BNPP”) is registered with the Commodity Futures Trading Commission (“CFTC”) as a non-US swap dealer. As a swap dealer, BNPP has certain disclosure obligations to counterparties and prospective counterparties prior to entering to a CFTC-regulated swap (a “swap”). These obligations apply only in those instances where BNPP is transacting with a US person, as defined by the CFTC, who is not a swap dealer, major swap participant, securities based swap dealer, or securities based major swap participant (“you”), and the transaction or prospective transaction is a swap.
BNPP is required to provide disclosure of certain material information prior to entering into a swap with you, including:
Provided below are documents that describe certain material characteristics of swaps that we may enter into with you, including the material risks of such swaps and the material incentives and conflicts of interest that we may have with respect to such swaps. Also provided below are documents that contain certain material economic and operational terms and transaction details, including certain definitions, which we may reference in describing terms, rights and obligations in respect of swaps that we may enter into with you. In order to access certain information, you will need a password that has previously been emailed to you. In the event you require or forgot the password, please contact your BNPP representative.
In addition to this information, you should read carefully any transaction-specific disclosures, material economic terms, and such other information contained in any documentation provided to you in the context of discussing, proposing or entering into a particular swap or trading strategy with BNPP. Nothing in the material or disclosures made available to you on this website shall amend or supersede the express terms of any written or oral agreement between you and BNPP, the terms of any transaction between you and BNPP, or any related governing documentation.
Certain of the Material Information and Material Economic Terms (METs) below is made available to BNPP by the International Swaps and Derivatives Association, Inc. (“ISDA”). ISDA holds copyright on certain of its documents 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 risks disclosures published by ISDA, which may be reproduced and distributed solely for use in documenting specific commercial transactions. In no event may the copyright or trademark notice be removed.
ISDA documents are not intended to be or to contain legal advice. In addition, BNPP is required to notify you that your use of ISDA documentation should be undertaken only after securing appropriate legal advice on its provisions and that ISDA makes no warranty, express or implied, concerning the respective instrument’s suitability for use in any particular transactions and bears no responsibility or liability whatsoever, whether in tort or in contract, in respect of any use of these instruments.
ISDA, its officers, directors, employees, subcontractors, agents, successors or assigns (collectively “Covered Parties”) shall not be liable to you or any of your clients 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 documentation; (b) your use of the ISDA documentation; (c) your use of any equipment or software in connection with the ISDA documentation; 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 documentation 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 ISDA or any officer, director, employee, subcontractor, agent, successor or assign of ISDA, 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 herein, regardless of any negligence of the Covered Parties.
Prior to entering into a swap with BNPP, we will communicate to you what we believe to be the material economic terms of that swap. Please contact your BNPP representative if you believe that a material economic term of that swap has been not been provided to you. In the event of any conflict between transaction-specific pre-trade information provided by BNPP to you and any template, standard product terms or market convention or any standardized product disclosures, the transaction –specific information provided to you by BNPP will govern your swap.
Certain of the METs for Rates and Credit have been compiled by MarkitSERV LTD, which is the owner of such compilation of data, and has licensed it to BNPP for distribution to you. Any redistribution by you of this data, whether or not for a fee, to third parties is strictly prohibited. Also provided below are documents that contain certain material economic and operational terms and transaction details, including certain definitions, which we may reference in describing terms, rights and obligations in respect of swaps that we may enter into with you.
All ISDA information made available to you for your use is subject to restrictions and limitations described above. Each time you access ISDA materials made available to you through this document, you acknowledge and agree to abide by the restrictions and limitations on use, and the limitation on liability.
The METs, ISDA documentation and other related information is available by clicking the links below.
This information will be updated regularly, and you should revisit these disclosures periodically to ensure that you have the most current information. If you have any questions regarding these materials, please contact your BNPP representative.
DISCLAIMER: This document has been prepared by BNP Paribas for informational purposes only and is not meant as legal or regulatory advice. Please consult your own advisor regarding specific impacts to your firm.