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Drugking

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Submitted By miken88
Words 467
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Background

The following are three different scenarios of a transfer of financial assets:

Scenario 1
• DrugKing transfers two financial assets, Series A and Series B preferred stock of Tip-Top, to InsureAll, a substantive third party. The Series A preferred stock are traded publicly. The Series B preferred stock are not traded publicly as the entire series was held by DrugKing.
• DrugKing holds a call option, written by InsureAll, on the Series A preferred stock, which will allow them to repurchase the asses from InsureAll two years after the transfer date. DrugKing attaches a call option to Series B preferred stock that will allow them to repurchase the asset from whoever owns the asset up two years after the transfer date. Both options have a fixed exercise price.
• Outside counsel for DrugKing concludes that both transfers isolate the transferred assets.

Scenario 2
• DrugKing transfers a financial asset that is traded publicly, its investment in a debt security, to InsureAll, a substantive third party.
• DrugKing holds a conditional call that is attached to the asset that permits them to repurchase the asset if LIBOR ever decreases below 4 percent (LIBOR was 6.5 percent as of the transfer date). The option has a fixed exercise price.
• Outside counsel for DrugKing concludes that both transfers isolate the transferred assets.

Scenario 3
• DrugKing transfers its trade receivables and its credit card receivables to InsureAll, a substantive third party. Neither asset is readily obtainable in the marketplace.
• The trade receivables have a fair value of $100 (book value is $99) and were transferred to InsureAll for $103. The transfer includes an option for InsureAll to put the assets back to DrugKing for up to one year after the transfer date at $102.50. The transfer price of $103 represents the fair value of the trade receivables ($100) and the

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