The Third Way: OTC Derivatives Markets for End Users
For a long time, we have been concerned by the common practice in Over the Counter (“OTC”) derivative markets of end users conducting all their hedging activity with a small group of their “relationship” banks.
Maximising enterprise value in the not-for-profit sectors
Corporate finance theory has long established that companies should maximise their Enterprise Value no matter who the shareholders are.
The legacy role of banks in non-bank funding and hedging
Banks have traditionally provided funding and hedging acting as principals. The financial crisis has critically reduced banks’ appetite for risk, thus often reducing their role in several traditional investment banking functions to that of ‘matched brokers’.

Register

CONFIDENTIALITY UNDERTAKING

We, TradeRisks Limited, (“TradeRisks”) understand that you are interested in receiving certain information concerning TradeRisks and the OTC Exchange service (the “Service”). By clicking “Accept” below, you will make an offer to enter into a confidentiality undertaking (the “Undertaking”) with TradeRisks, which when accepted by TradeRisks will create a legally binding agreement between you and TradeRisks.

(1) DEFINITION OF CONFIDENTIAL INFORMATION: In this Undertaking “Confidential Information” includes: (i) all information and data relating to the Service which is directly or indirectly made available to you by TradeRisks (whether in oral, written, electronic, digital or other form) before or after the date of this Undertaking and including, without limitation, all information on the website at http://trl-exchange.com, any descriptions and explanations of any transaction entered into through the Service and any documentation which we have prepared for the purposes of documenting or recording any transaction; (ii) all copies, documentation, compilations, or other documents which contain or otherwise reflect or are generated from any such information; (iii) the fact that discussions or negotiations are taking place or have taken place with TradeRisks in relation to the Service, and its services and activities, including details of the proposed counterparties of any given transaction; and (iv) the terms and existence of this Undertaking and any transaction to be entered into under the Service itself.

(2) YOUR UNDERTAKING OF CONFIDENTIALITY: In consideration of TradeRisks agreeing to disclose Confidential Information to you, and subject to paragraph 3, you undertake to TradeRisks that you will: (i) at all times keep secret and confidential the Confidential Information; (ii) ensure that the Confidential Information is protected with the degree of care and the security measures that you would apply to your own confidential information; and (iii) only use the Confidential Information for the purposes of entering into transactions pursuant to the Service.

(3) PERMITTED DISCLOSURES: You may disclose Confidential Information to the extent required by order of any court of competent jurisdiction or any competent judicial, governmental, regulatory or supervisory body. You may also disclose the Confidential Information to such of your directors and employees as are appropriate for the purposes of evaluating such information, or to persons whom TradeRisks has expressly agreed may receive it (“Permitted Persons”). You will ensure that each Permitted Person to whom you disclose Confidential Information is aware of the confidential nature of such information and procure that each Permitted Person complies with equivalent obligations to those in paragraph 2 in respect of it.

(4) RETURN OR DESTRUCTION OF CONFIDENTIAL INFORMATION: If TradeRisks so requests, you shall to the extent reasonably practicable, but save to the extent required by applicable law or regulation: (i) return to TradeRisks all documents containing Confidential Information supplied to you; and (ii) destroy all original, copy or electronic documents containing analyses, studies, compilations and other documentation derived from the Confidential Information.

(5) EQUITABLE REMEDIES: No right or licence is granted to you in relation to any Confidential Information and all Confidential Information shall at all times remain the property of TradeRisks. You agree and acknowledge that because of the valuable nature of the Confidential Information, damages would not be an adequate remedy for a breach of any term of this Undertaking and you therefore agree that TradeRisks may be entitled to the remedies of injunction, specific performance and other equitable relief for a threatened or actual breach of any term of this Undertaking without proof of special damage.

(6) TERM: The obligations set out in this Undertaking shall continue until two year from the last date on which you receive Confidential Information. Your obligations under this Undertaking will not expire by reason of entering into the TRL Exchange Terms and Conditions or any transaction pursuant to the Service.

(7) GOVERNING LAW: This Undertaking shall be governed by and construed in accordance with English law and any disputes arising from it will be subject to the exclusive jurisdiction of the English Courts.

If you are in agreement with the terms of this Undertaking, please complete the details below, select “I Agree” and click on the Submit button.