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Credit Default Swap Agreement
"I need a Credit Default Swap Agreement under Swiss law for a 5-year term starting March 2025, with physical settlement only and specific provisions for restructuring events, to be used between our bank and a major Swiss insurance company as protection seller."
1. Parties: Identification of the protection buyer and protection seller, including their full legal names, registration details, and addresses
2. Background: Context of the agreement, relationship between parties, and general purpose of the CDS transaction
3. Definitions: Comprehensive list of defined terms used throughout the agreement, including credit events, reference obligations, and technical terms
4. Transaction Terms: Core economic terms including reference entity, notional amount, fixed rate, credit events covered, and term of the agreement
5. Payment Obligations: Details of premium payments, calculation periods, and settlement amounts
6. Credit Events: Specification of triggering events (bankruptcy, failure to pay, restructuring etc.) and their precise definitions
7. Notice and Settlement Provisions: Procedures for credit event notices, settlement methods, and timing requirements
8. Representations and Warranties: Standard declarations by both parties regarding their capacity, authority, and compliance
9. Obligations of the Parties: Ongoing duties including information provision, maintenance of authorizations, and compliance requirements
10. Term and Termination: Duration of the agreement, termination events, and early termination procedures
11. Dispute Resolution: Procedures for resolving disagreements, including jurisdiction and governing law provisions
12. General Provisions: Standard clauses including notices, amendments, assignment, and severability
1. Credit Derivatives Determinations Committee: Include when parties agree to be bound by DC decisions for credit event determinations
2. Succession Events: Include when specific provisions for handling reference entity corporate actions are needed
3. Additional Termination Events: Include when parties agree on specific circumstances that trigger early termination
4. Physical Settlement Terms: Include when physical settlement is permitted as a settlement method
5. Multiple Holder Obligations: Include when restructuring provisions require multiple holder obligations
6. Reference Obligation Only Trade: Include when the CDS relates to a specific reference obligation only
7. Collateral Arrangements: Include when parties agree to post collateral under specific circumstances
1. Schedule 1: Transaction Details: Specific terms of the CDS transaction including reference entity, notional amount, premium, term
2. Schedule 2: Notice Information: Detailed contact information for notices, including addresses, email, and authorized personnel
3. Schedule 3: Credit Support Terms: Details of any credit support or collateral arrangements between the parties
4. Appendix A: Reference Entity Information: Details about the reference entity, including key obligations and identification
5. Appendix B: Form of Credit Event Notice: Template for credit event notices and required supporting information
6. Appendix C: Settlement Terms: Detailed procedures for settlement following a credit event
7. Appendix D: Calculation Agent Provisions: Detailed responsibilities and procedures for the calculation agent
Authors
Accreted Amount
Affiliate
Bankruptcy
Business Day
Calculation Agent
Calculation Period
Cash Settlement
Cash Settlement Amount
Credit Derivatives Determinations Committee
Credit Event
Credit Event Backstop Date
Credit Event Notice
Credit Event Resolution Request Date
DC Party
Default Requirement
Defaulted Credit
Deliver
Deliverable Obligation
Delivery Date
Effective Date
Eligible Transferee
Event Determination Date
Exercise Cut-off Date
Exercise Period
Failure to Pay
FINMA
Fixed Amount
Fixed Rate
Fixed Rate Payer
Fixed Rate Payer Calculation Period
Fixed Rate Payer Payment Date
Floating Rate Payer
Governmental Authority
Grace Period
Grace Period Business Day
Grace Period Extension Date
Interest Amount
ISDA Master Agreement
Loan
Market Value
Merger Event
Notice Delivery Period
Notice of Physical Settlement
Notifying Party
Obligation
Obligation Acceleration
Obligation Category
Obligation Characteristics
Payment
Payment Requirement
Permitted Currency
Physical Settlement
Physical Settlement Date
Physical Settlement Period
Potential Failure to Pay
Potential Repudiation/Moratorium
Premium
Protection Buyer
Protection Seller
Public Source
Reference Entity
Reference Obligation
Relevant City Business Day
Relevant Obligation
Repudiation/Moratorium
Restructuring
Scheduled Termination Date
Settlement Currency
Settlement Date
Settlement Method
Specified Currency
Succession Event
Successor
Swiss Business Day
Swiss Franc
Swiss Law
Term
Termination Date
Trade Date
Transaction
Valuation Date
Valuation Method
Valuation Time
Voting Shares
Incorporation by Reference
Credit Event Provisions
Settlement Terms
Payment Obligations
Premium Payments
Representations and Warranties
Credit Support
Events of Default
Early Termination
Physical Settlement
Cash Settlement
Succession Events
Notice Requirements
Calculation Agent
Dispute Resolution
Governing Law
Jurisdiction
Assignment
Transfer
Confidentiality
Force Majeure
Regulatory Compliance
Documentation Requirements
Tax Provisions
Costs and Expenses
Amendments
Severability
Entire Agreement
Counterparts
Notices
Default Interest
Set-off
Business Days
Third Party Rights
Recording of Communications
FINMA Compliance
Anti-Money Laundering
Reference Entity Terms
Credit Derivatives Determinations
Multiple Holder Obligations
Successor Provisions
Market Disruption
Termination Currency
Financial Statements
Information Disclosure
Banking and Financial Services
Insurance
Investment Management
Securities Trading
Risk Management
Financial Technology
Asset Management
Corporate Banking
Investment Banking
Hedge Funds
Legal
Compliance
Risk Management
Trading
Operations
Credit Analysis
Documentation
Treasury
Regulatory Reporting
Portfolio Management
Middle Office
Settlements
Product Control
Derivatives Trader
Risk Manager
Legal Counsel
Compliance Officer
Credit Risk Analyst
Portfolio Manager
Trading Operations Manager
Chief Investment Officer
Structured Products Specialist
Financial Controller
Credit Derivatives Specialist
Treasury Manager
Chief Risk Officer
Documentation Specialist
Investment Analyst
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