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Share Lending Agreement
"I need a Swiss law Share Lending Agreement for a bilateral arrangement between our bank and a hedge fund client, with basic collateral provisions and standard corporate action clauses, to be effective from March 2025."
1. Parties: Identification of the lender and borrower, including their legal status and registered addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and interpretation rules
4. Loans of Securities: Core provisions governing the lending and borrowing of securities, including initiation process and terms
5. Delivery and Return: Procedures and requirements for the delivery and return of borrowed securities
6. Collateral Requirements: Provisions regarding the posting, maintenance, and return of collateral
7. Rights and Obligations: Detailed rights and obligations of both parties during the lending period
8. Corporate Actions: Treatment of dividends, voting rights, and other corporate actions during the loan period
9. Fees and Payments: Lending fees, payment procedures, and other financial considerations
10. Tax Provisions: Treatment of taxes, including withholding tax and manufactured payments
11. Events of Default: Definition of events of default and their consequences
12. Termination: Provisions for termination of individual loans and the agreement
13. Representations and Warranties: Standard representations and warranties from both parties
14. Governing Law and Jurisdiction: Choice of Swiss law and jurisdiction provisions
1. Market Disruption: Provisions dealing with market disruption events - include if lending in volatile markets or emerging markets
2. Agency Provisions: Include when either party acts as agent for underlying principals
3. Set-off Rights: Detailed set-off provisions - include when parties have multiple trading relationships
4. Electronic Trading Platform: Include when transactions will be executed through specific trading platforms
5. Multiple Currencies: Include when loans and collateral may be in different currencies
6. Credit Support: Additional credit support provisions - include for parties with lower credit ratings
7. Regulatory Compliance: Specific regulatory compliance provisions - include when parties are subject to special regulatory regimes
1. Schedule A - Eligible Securities: List of securities eligible for lending under the agreement
2. Schedule B - Form of Loan Confirmation: Standard form for confirming individual loan transactions
3. Schedule C - Collateral Parameters: Detailed specifications for acceptable collateral and haircuts
4. Schedule D - Fee Schedule: Detailed breakdown of applicable fees and charges
5. Schedule E - Settlement Instructions: Standard settlement and account details for both parties
6. Schedule F - Contact Details: List of authorized personnel and contact information
7. Appendix 1 - Tax Documentation: Required tax forms and documentation
8. Appendix 2 - Operating Procedures: Detailed operational procedures and requirements
Authors
Act of Insolvency
Adjustment
Agency Agreement
Agent Lender
Applicable Rate
Appropriate Market
Approved Intermediary
Available Securities
Base Currency
Borrowed Securities
Borrower
Borrowing Request
Business Day
Cash Collateral
Close of Business
Collateral
Collateral Margin
Collateral Transfer
Corporate Action
Default Market Value
Default Notice
Defaulting Party
Delivery Date
Designated Office
Distribution
Dividend
Early Termination Date
Equivalent Collateral
Equivalent Securities
Event of Default
Financial Instruments
FINMA
Foreign Security
Haircut
Income
Income Payment Date
Income Record Date
Intermediated Securities
Lending Fee
Loan
Loan Confirmation
Loan Date
Loaned Securities
Margin Call
Margin Percentage
Margin Ratio
Margin Transfer
Market Value
Manufactured Dividend
Master Agreement
Material Adverse Effect
Minimum Fee
Non-Cash Collateral
Non-Defaulting Party
Notice of Exclusive Control
Notification Time
Parties
Posted Collateral
Potential Event of Default
Principal
Rates
Recall Notice
Redelivery
Reference Price
Relevant Payment Date
Return Date
Securities
Securities Account
Settlement Date
Standard Settlement Time
Swiss Business Day
Swiss Trading Day
Tax Event
Term
Termination Date
Transaction
Transfer
Valuation Date
Voting Rights
Loan and Collateral
Delivery and Return
Margin Maintenance
Income and Corporate Actions
Tax Provisions
Fees and Charges
Default and Close-out
Events of Default
Representations and Warranties
Covenants
Indemnification
Set-off Rights
Transfer and Assignment
Confidentiality
Notices
Term and Termination
Force Majeure
Data Protection
Anti-Money Laundering
Regulatory Compliance
Settlement Instructions
Dispute Resolution
Governing Law
Jurisdiction
Agency Provisions
Market Disruption
Electronic Trading
Reporting Requirements
Record Keeping
Entire Agreement
Severability
Amendments
Counterparts
Third Party Rights
Banking
Investment Management
Securities Trading
Asset Management
Hedge Funds
Prime Brokerage
Pension Funds
Insurance
Financial Services
Capital Markets
Legal
Compliance
Risk Management
Securities Operations
Trading
Settlement
Product Control
Financial Control
Portfolio Management
Collateral Management
Legal Counsel
Securities Operations Manager
Compliance Officer
Risk Manager
Trading Manager
Portfolio Manager
Securities Lending Trader
Collateral Manager
Settlement Officer
Product Controller
Financial Controller
Operations Director
Chief Legal Officer
Head of Trading
Investment Manager
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