Anonymity
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Q. |
As a seller, I may not want
to reveal my exposure to a certain company in the public domain.
How can I maintain confidentiality? |
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A. |
Only the Successful Bidder
will know the identity of the Seller, and such Bidder will be
bound by the standard confidentiality agreement |
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Q. |
As a seller, the institution
I represent will want to know the identity of the buyer therefore
why is there a need to provide the anonymity feature? |
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A. |
The Seller should only need
to know the identity of the Successful Bidder, and the Seller
retains the right to reject the highest Bidder |
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Q. |
After I complete a sale or
buy, my identity will be known to at least the other party? |
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A. |
Both Seller & Buyer can
change their User ID after any transaction to ensure anonymity |
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Q. |
How can I maintain anonymity
in the case of the Buyers needing to conduct a due diligence of
loan documents? |
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A. |
On may occasions the debt to
be sold will be well known to the buyer, therefore they will not
need to proceed beyond the standard public information. Of
course, other debt will be less known and the seller must decide
whether to provide such documents, which in turn may reveal the
sellers identity. |
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Corporate Governance |
Q. |
As a Seller, how can I be
sure the Bidder is someone acceptable to my Board? |
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A. |
e-debttrading.com and its
affiliates conduct quite stringent examinations of all parties
before allowing to register on the Site. In addition, the
Seller is entitled to exclude certain groups when submitting the
initial tender. Finally, the Seller has an opportunity to
reject the Successful Bidder after the tender closes. |
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Q. |
How can e-debttrading.com
ensure that all registered users are reputable parties? |
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A. |
As mentioned above, e-debttrading
and its affiliates
will conduct stringent evaluations before issuing a User ID,
including background checks, including the engagement of
professional intermediaries to conduct international risk
assessments. The debtor company will be excluded from buying back
its own debt and individuals will not be registered as users.
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Confidentiality
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Q. |
How can the Seller be sure
there is no legal breach of confidential information? |
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A. |
This is obviously a very complex matter which has forever been a
concern with any party dealing with the sale of such debts.
e-debttrading and affiliates has taken considerable legal advice on this issue and would
recommend readers to click on the following link for a more
detailed response to the question.
VIEW RESPONSE |
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Q. |
Upon closing of a tender,
how will e-debttrading.com monitor the close and ultimately the
settlement of the transaction? |
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A. |
When a tender closes the
Successful Bidder is introduced to the Seller, and, if acceptable,
the parties will be required to complete the transaction in
accordance with current market standards. If either party fails
to complete the transaction, without good commercial reasons, BT
FAS will determine the offending party and suspend or cancel their
right to participate in future trades.
In reality though, e-debttrading.com
and its affiliates
believes that in the majority of cases, we are dealing with
sophisticated and experienced traders both on the buying and
selling sides and they will trade accordingly |
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Shifting Markets
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Q. |
What happens if both parties
cannot close the contract as 1) market forces affect value of debt
between the close of the tender and settlement, 2) the buyer or
seller changes their mind about the pricing? |
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A. |
If there is a shift in
market sentiment that has a direct effect on the valuation of
debt, e-debtrading.com and affiliates will evaluate such situations on a case-by-case basis.
If necessary the tender will be withdrawn and re-tendered at a
later date. |
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Bidding
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Q. |
What happens if, as a
Bidder, I insert an incorrect bid? |
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A. |
If the bid is too low the
system will reject the bid automatically. In the case of a keying
error, we have now amended the site to ensure the Bidder inserts
the bid amount twice as a protection device. If, early in the bid,
you still make an error, we can unwind the bid and advise all
other bidders accordingly. |
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Q. |
How do you counteract
certain users jamming the site right before the tender closing
time in order to win the tender? |
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A. |
As each bid takes a
millisecond to be recorded, it should not provide a problem. In
the case of absolute simultaneous bids, the system will reject one
bid and accept another bid. If your bid is rejected you can lodge
another bid.
Currently we are working
another method to overcome this problem, ie Should anyone bid in
the last 10 minutes before the tender closes, the tender will
automatically extend for a further 10 minutes. Any bids made in
the extended timeframe will cause the tender to extend a further
10 minutes and so on. Once this is available we will inform all
Website users |
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Portfolios
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Q. |
Can I sell a portfolio of
loans on this site, and if so, how do we handle the due diligence
aspect? |
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A. |
The site lends itself well
to a portfolio sale, although we are currently developing another
section of the website purely devoted to portfolio sales, in
either a closed or open tender scenario.
In terms of due diligence,
the Seller has the option to provide a dataroom on site or at
e-debttrading.com, or we can arrange for the creation of a virtual dataroom.
e-debttrading.com and its
affiliates has arrangements in place with professional portfolio
advisers who advise how to best prepare the portfolio for sale, as
well as capture the data on a efficient software system for use by
buyers.
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Q. |
If selling a portfolio,
maybe price is not the key aspect of the transaction. Can we
obtain bids that incorporate special features such as profit
share? |
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A. |
As portfolios will not be
treated in the same manner as individual debts, the system can
invite different approaches to the debt offer. |