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Cash Collateral Agreement
"I need a Cash Collateral Agreement under Swiss law for a bilateral arrangement between our bank and a corporate client, with specific provisions for daily margin calls and the ability to hold collateral in multiple currencies."
1. Parties: Identification of the collateral provider and collateral taker, including their full legal names and addresses
2. Background: Context of the agreement, including reference to any master agreement or underlying obligations
3. Definitions: Definitions of key terms used throughout the agreement, including specific Swiss law terminology
4. Scope of Security: Description of the cash collateral and secured obligations
5. Creation and Perfection of Security: Provisions detailing how the security interest is created and perfected under Swiss law
6. Maintenance of Collateral: Requirements for maintaining collateral levels, including top-up and return provisions
7. Rights and Obligations: Detailed rights and obligations of both parties regarding the collateral
8. Interest and Payments: Provisions regarding interest earned on cash collateral and payment mechanisms
9. Events of Default: Definition of events triggering default and consequences
10. Enforcement: Enforcement procedures and rights upon default, compliant with Swiss law
11. Representations and Warranties: Standard representations and warranties from both parties
12. Tax Provisions: Treatment of taxes related to the collateral and payments
13. Notices: Communication requirements and contact details
14. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction
15. Miscellaneous: Standard boilerplate provisions including severability, amendments, and entire agreement
1. Multiple Currencies: Required when collateral can be provided in different currencies, including conversion provisions
2. Substitution Rights: Include when the collateral provider has the right to substitute collateral
3. Income and Voting Rights: Needed for arrangements where securities may be added as collateral in addition to cash
4. Third Party Rights: Required when third parties may have interests in the collateral arrangement
5. regulatory compliance: specific provisions required for regulated entities or when compliance with specific regulations is needed
6. Cross-Border Provisions: Required when the arrangement involves parties from multiple jurisdictions
7. Account Bank Provisions: Include when a third-party bank is involved in holding the collateral
1. Schedule 1 - Collateral Account Details: Specific details of the account(s) where cash collateral will be held
2. Schedule 2 - Authorized Persons: List of persons authorized to give instructions regarding the collateral
3. Schedule 3 - Calculation of Required Collateral: Methodology for calculating required collateral amounts and trigger levels
4. Schedule 4 - Forms of Notice: Standard forms for various notices required under the agreement
5. Schedule 5 - Operating Procedures: Detailed procedures for collateral transfers, valuations, and other operational matters
6. Appendix A - Contact Details: Detailed contact information for both parties for various purposes
7. Appendix B - Bank Account Details: Payment and account details for transfers of collateral and interest
Authors
Adjustment Date
Aggregate Collateral Value
Agreement
Authorized Person
Business Day
Calculation Agent
Calculation Date
Cash Collateral
Collateral Account
Collateral Provider
Collateral Taker
Credit Support Amount
Default Interest
Delivery Date
Eligible Collateral
Encumbrance
Event of Default
Excess Collateral
Financial Indebtedness
Interest Period
Interest Rate
Master Agreement
Minimum Transfer Amount
Notice of Default
Notification Time
Parties
Posted Collateral
Reference Currency
Required Collateral Amount
Security Interest
Secured Obligations
Settlement Day
Swiss Business Day
Swiss Law Security Interest
Termination Date
Transfer
Transfer Date
Valuation Date
Valuation Percentage
Valuation Time
Definitions
Security Interest Creation
Perfection of Security
Collateral Maintenance
Margin Calls
Interest Provisions
Payment Obligations
Transfer and Settlement
Representations and Warranties
Covenants
Events of Default
Enforcement Rights
Close-out Netting
Set-off Rights
Tax Provisions
Currency Provisions
Substitution Rights
Account Operation
Notices
Amendments
Assignment
Confidentiality
Force Majeure
Severability
Further Assurance
Counterparts
Entire Agreement
Third Party Rights
Governing Law
Jurisdiction
Dispute Resolution
Term and Termination
Regulatory Compliance
Indemnification
Financial Services
Banking
Insurance
Investment Management
Trading and Securities
Corporate Treasury
Asset Management
Commodities Trading
Wealth Management
Private Equity
Legal
Treasury
Risk Management
Compliance
Finance
Trading Operations
Credit Risk
Collateral Management
Transaction Management
Financial Control
Legal Counsel
Treasury Manager
Risk Manager
Compliance Officer
Financial Controller
Trading Manager
Operations Manager
Credit Risk Officer
Collateral Manager
Transaction Manager
Chief Financial Officer
Head of Legal
Head of Treasury
Financial Director
Legal Operations Manager
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