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Note 16: FINANCIAL INSTRUMENTS WITH OFF-BALANCE
SHEET RISK AND CONCENTRATIONS OF CREDIT RISK
As a market maker of OTC and listed stocks and listed options contracts,
the majority of the Company’s securities transactions are conducted
as principal with broker-dealer and institutional counterparties primarily
located in the United States. The Company clears all of its securities
transactions through clearing brokers. Accordingly, a substantial
portion of the Company’s credit exposures are concentrated with
its clearing brokers.The clearing brokers can rehypothecate the securities
held on behalf of the Company. Additionally, pursuant to the terms
of the agreement between the Company and the clearing brokers, the
clearing brokers have the right to charge the Company for losses that
result from a counterparty’s failure to fulfill its contractual
obligations. As the right to charge the Company has no maximum amount
and applies to all trades executed through the clearing broker, the
Company believes there is no maximum amount assignable to this right.
At December 31, 2002, the Company has recorded liabilities of approximately
$2.0 million with regard to this right. The Company has the ability
to pursue collection from or performance with regard to this right.
The Company’s policy is to monitor the credit standing of the
clearing brokers and all counterparties with which it conducts business.
Securities sold, not yet purchased represent obligations to purchase
such securities (or underlying securities) at a future date. The Company
may incur a loss if the market value of the securities subsequently
increases.
Derivative contracts are financial instruments whose value is based
upon the value of the underlying asset, index, reference rate or a
combination of these factors. The Company uses derivative financial
instruments as part of its options market-making and trading business
and its overall risk management process. These financial instruments,
which generally include exchange-traded options, options on futures
and futures contracts, expose the Company to varying degrees of market
and credit risk.The Company records its derivative-trading activities
at market value, and unrealized gains and losses are recognized currently.
In November 2002, the FASB issued FIN 45, Guarantor’s Accounting
and Disclosure Requirements for Guarantees, Including Indirect Guarantees
of Indebtedness of Others, which requires the Company to disclose
information about obligations under certain guarantee arrangements.
FIN 45 defines a guarantee as a contract that contingently requires
the Company to pay a guaranteed party based on: (a) changes in an
underlying asset, liability or equity security of the guaranteed party,
or (b) a third party’s failure to perform under a specified
agreement. The Company considers written put and call options to be
guarantees under FIN 45.
In addition to the contracts described above, there are certain derivative
contracts to which the Company is a counterparty that meet the characteristics
of a guarantee under FIN 45. These derivatives are recorded on the
Statements of Financial Condition at fair value. These contracts include
written put options that may require the Company to purchase assets
from the option holder at a specified price by a specified date in
the future. The total intrinsic value of these derivatives that the
Company deems to be guarantees was approximately $7.5 billion at December
31, 2002.The Company reduces its exposures to these contracts by entering
into offsetting transactions, or by entering into contracts that hedge
the market risk related to these contracts.
Upon the retirement of Mr. Irvin Kessler, the former chief executive
officer of Deephaven, as of December 31, 2001, the Company entered
into a consulting agreement with Mr. Kessler. In order to maintain
Mr. Kessler’s relationships with the Deephaven Fund investors
and maintain Mr. Kessler’s continued investment in the Deephaven
Fund, the Company agreed to provide Mr. Kessler with a full recourse
collateralized loan of $25.0 million. On June 13, 2002, the Company
entered into loan and security documents with Mr. Kessler providing
for such a loan. The loan matures on March 31, 2003, and is callable
at the discretion of the Company at any time, such prepayment to be
made no later than 120 days after notice to Mr. Kessler of such demand
for prepayment.
The Company has no other loans to any former or current officers or
directors. |
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