For market practitioners such as swap traders out there:
in your experience, does the below clause when bilateral is similar to a difference between
American exercise on a vanilla option?
Asking in the context of a TRS contract (either equity or fixed income). In other words, does it the presence of such clause would truly entice the dealer trade out of the contract if deemed profitable similar to
American exercise? On the other hand, would the absence of it truly make the TRS "unbreakable"?
It is understandable that the value of unilateral > bilateral > no clause. The question is how often if at all have you seen the bilateral clause being exercised by a dealer?
Optional Early Termination. Notwithstanding anything to the contrary in the Definitions or the Agreement, the parties hereby agree to the following Optional Early Termination provisions:
Party B shall have the right (but not the obligation) to terminate any Transaction hereunder, in whole or in part, effective as of any Business Day (the “Optional Early Termination Date”), by providing Party A with notice of its exercise of this right one Business Days prior to the Optional Early Termination Date. This notice shall be irrevocable and may be given orally, including by telephone. Such notice shall be followed by a written confirmation confirming the substance of any telephonic notice before the close of business on the Business Day that telephonic notice is provided.
Such Transaction shall be terminated in accordance with Section 6(e)(ii)(1) (without the occurrence of a Termination Event or an Event of Default) such that the amount payable (the “Cash Settlement Amount”) will be determined by the Calculation Agent as if the party electing to terminate such Transaction were the sole Affected Party. The Calculation Agent shall determine such Cash Settlement Amount in good faith and in a commercially reasonable manner in accordance with normal market practice in the relevant market, taking into account market conditions at such time. Party B acknowledges and agrees that market value used to calculate such Cash Settlement Amount may not correspond with closing prices of a commodity index or the futures components of a commodity index, particularly during a period of disrupted market conditions. Such determination shall be made on the Optional Early Termination Date. Party A or Party B (as determined by the Calculation Agent) shall pay to the other party the Cash Settlement Amount on the second Business Day following the Optional Early Termination Date. Once the Cash Settlement Amount has been fully and finally paid, then all rights, duties and obligations of the parties under and with respect to such Transaction, or part of such Transaction, as applicable, shall terminate.