I'm thinking that you should be scared. If there are no shares available at all, I would expect Fidelity to be returning their own shares that they own. But at some point, Fidelity will be out of shares owned by Fidelity.
I expect, for instanced, that the loaned out shares in margin accounts - those positions will get closed out for $420 cash / share.
Anybody have the phone number for Fidelity Capital Markets handy?
EDIT: Here they are:
Fidelity Capital Markets
800.471.0382
Thanks for the number, I may be calling it tomorrow.
But to your point, even if Fidelity runs out of Fidelity-owned TSLA shares, are they not obligated to hunt other ones down to return to me? There is going to be someone, somewhere that will sell their shares for a high enough amount. Hell, I'd do it - I'll sell them the shares they borrowed from me for a very nice premium.
I guess I'm specifically trying to learn whether a solvent Fidelity has a legal/contractual obligation to find shares somewhere, or whether they can just say, "We tried our best, sorry, here's your cash collateral."