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Stock Lending Agreement
I need a Stock Lending Agreement for use between our UAE-based investment bank and multiple institutional borrowers, with specific provisions for Sharia-compliant securities and a collateral structure that includes both cash and government bonds.
1. Parties: Identification of the lender and borrower, including their full legal names, registration details, and addresses
2. Background: Context of the agreement, including the parties' capacity to enter into securities lending transactions
3. Definitions and Interpretation: Comprehensive definitions of technical terms, market standards, and interpretation clauses
4. Loans of Securities: Core provisions governing the lending and borrowing of securities, including initiation process and confirmation requirements
5. Transfer of Securities and Collateral: Procedures and requirements for transferring securities and posting collateral
6. Collateral Maintenance: Requirements for maintaining, monitoring, and adjusting collateral levels
7. Rights and Obligations: Detailed rights and obligations of both parties during the lending period
8. Income and Corporate Actions: Treatment of dividends, voting rights, and other corporate actions
9. Fees and Charges: Lending fees, charges, and payment mechanisms
10. Tax Provisions: Treatment of taxes, including withholding tax obligations
11. Events of Default: Definition of default events and consequences
12. Close-out and Set-off: Procedures for terminating transactions and settling obligations
13. Representations and Warranties: Standard and specific representations by both parties
14. Governing Law and Jurisdiction: UAE law as governing law and jurisdiction provisions
1. Agent Provisions: Required when lending/borrowing is conducted through agents or intermediaries
2. Cross-border Provisions: Required for international transactions involving multiple jurisdictions
3. Sharia Compliance: Required when the agreement needs to comply with Islamic finance principles
4. Market Disruption: Optional provisions dealing with market disruption events
5. Electronic Trading Platform: Required when transactions will be conducted through specific trading platforms
6. Special Custody Arrangements: Required when specific custody arrangements are needed for securities or collateral
7. Regulatory Reporting: Optional detailed provisions on reporting requirements to UAE authorities
1. Form of Loan Confirmation: Standard form for confirming individual loan transactions
2. Eligible Securities: List and characteristics of securities eligible for lending
3. Eligible Collateral: Acceptable forms of collateral and their valuation methods
4. Fee Schedule: Detailed breakdown of fees and charges
5. Margin Percentages: Schedule of applicable margin percentages for different security types
6. Contact Details: Administrative and operational contact information for both parties
7. Standard Settlement Instructions: Details of accounts and settlement procedures
8. Forms of Notices: Standard forms for various notices required under the agreement
Authors
Lender
Securities
Loaned Securities
Collateral
Equivalent Securities
Equivalent Collateral
Business Day
Settlement Date
Income
Corporate Action
Dividend
Distribution
Default Interest
Lending Fee
Market Value
Margin Percentage
Close-out
Set-off
Event of Default
Confirmation
Transfer Date
Delivery
Securities Account
Collateral Account
Custodian
Agency Agreement
SCA
Trading Day
Loan
Manufactured Payment
Vote
Trading Platform
Settlement Instructions
Base Currency
Credit Support
Income Payment Date
Interest Period
Lending Request
Margin Call
Margin Deficit
Margin Excess
Notice
Reference Price
Regulatory Authority
Required Collateral Value
Securities Lending Transaction
Standard Settlement Time
Termination Date
Transaction
Transfer
Loans of Securities
Delivery of Securities
Collateral Requirements
Margin Maintenance
Income Payments
Corporate Actions
Voting Rights
Fees and Charges
Taxation
Representations and Warranties
Covenants
Events of Default
Close-out and Set-off
Termination
Notice Requirements
Assignment and Transfer
Confidentiality
Force Majeure
Regulatory Compliance
Record Keeping
Settlement Procedures
Indemnification
Dispute Resolution
Governing Law
Jurisdiction
Amendment and Modification
Counterparts
Severability
Entire Agreement
Agency Provisions
Communications
Market Disruption
Service of Process
Waiver of Immunity
Banking
Financial Services
Investment Management
Securities Trading
Asset Management
Hedge Funds
Insurance
Pension Funds
Investment Banking
Wealth Management
Legal
Compliance
Risk Management
Trading
Operations
Investment Management
Portfolio Management
Securities Finance
Treasury
Settlement
Middle Office
Custody
Financial Control
Securities Lending Manager
Compliance Officer
Legal Counsel
Risk Manager
Trading Manager
Operations Director
Investment Manager
Portfolio Manager
Collateral Manager
Settlement Officer
Chief Investment Officer
Head of Securities Finance
Treasury Manager
Financial Controller
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