Credit Default Swap Agreement Template for Germany

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Key Requirements PROMPT example:

Credit Default Swap Agreement

"I need a Credit Default Swap Agreement under German law for a protection buyer in the manufacturing sector seeking credit protection against default of a German automotive supplier, with physical settlement and a five-year term starting March 1, 2025."

Document background
The Credit Default Swap Agreement is essential for parties seeking to manage credit risk exposure or take on credit risk for investment purposes under German law. This document is typically used when at least one party is based in Germany or has significant German operations, requiring compliance with both German civil law and EU financial regulations. The agreement details the credit events that trigger payment obligations, premium payment terms, settlement mechanisms, and regulatory compliance requirements. It incorporates standard ISDA terms while ensuring alignment with German legal principles and BaFin requirements. The document is particularly relevant in the context of increasing credit risk management needs and regulatory oversight in the European financial markets.
Suggested Sections

1. Parties: Identification of the protection buyer and protection seller, including registration details and regulatory status

2. Background: Context of the agreement, relationship between parties, and general purpose of the CDS

3. Definitions: Key terms including Reference Entity, Credit Events, Obligations, Settlement Terms, and other ISDA-aligned definitions

4. Transaction Terms: Specific terms of the CDS including notional amount, fixed rate, reference obligation, and term

5. Credit Events: Detailed description of circumstances triggering payment obligations, including bankruptcy, failure to pay, restructuring

6. Settlement Provisions: Mechanics for settlement following a Credit Event, including valuation and payment procedures

7. Premium Payments: Terms regarding the payment of premiums, including amount, frequency, and calculation method

8. Representations and Warranties: Standard and transaction-specific representations adapted to German law requirements

9. Covenants: Ongoing obligations of the parties, including regulatory reporting and information provision

10. Events of Default: Circumstances constituting default under the agreement, distinct from Credit Events

11. Early Termination: Provisions for early termination and associated consequences

12. Regulatory Compliance: Provisions ensuring compliance with EMIR and other applicable regulations

13. Notices: Communication requirements and methods between parties

14. Governing Law and Jurisdiction: Confirmation of German law governance and jurisdiction provisions

15. Miscellaneous: Standard provisions including severability, amendments, and entire agreement clause

Optional Sections

1. Credit Derivatives Determinations Committee: Include when parties agree to be bound by DC decisions

2. Additional Reference Entities: Include when the CDS covers multiple reference entities

3. Succession Events: Include when specific succession provisions are needed beyond ISDA standards

4. Modified Restructuring Provisions: Include when parties agree to modify standard restructuring provisions

5. Special Settlement Terms: Include for non-standard settlement arrangements

6. Additional Termination Events: Include when parties agree to specific termination triggers beyond standards

7. Tax Provisions: Include detailed tax provisions when cross-border elements exist

8. Break Clauses: Include when parties want periodic opportunities to terminate

9. Bespoke Calculation Agent Provisions: Include when standard calculation agent provisions are modified

Suggested Schedules

1. Schedule 1: Transaction Details: Detailed economic terms of the CDS transaction

2. Schedule 2: Reference Entity Details: Specific information about the Reference Entity and Reference Obligation

3. Schedule 3: Notice Details: Contact information and procedures for notices

4. Schedule 4: Credit Support Terms: Collateral and margin requirements if applicable

5. Appendix A: Form of Credit Event Notice: Standard form for notifying Credit Events

6. Appendix B: Form of Settlement Notice: Standard form for settlement communications

7. Appendix C: Calculation Agent Procedures: Detailed procedures for calculations and determinations

8. Appendix D: EMIR Reporting Details: Specific information required for EMIR reporting compliance

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Banking

Insurance

Investment Management

Asset Management

Hedge Funds

Corporate Treasury

Financial Services

Investment Banking

Private Equity

Pension Funds

Energy

Commodities

Manufacturing

Real Estate

Relevant Teams

Legal

Risk Management

Trading

Compliance

Treasury

Operations

Documentation

Finance

Credit Analysis

Regulatory Reporting

Middle Office

Product Control

Relevant Roles

Chief Risk Officer

Credit Risk Manager

Legal Counsel

Derivatives Trader

Compliance Officer

Portfolio Manager

Treasury Manager

Trading Operations Manager

Documentation Specialist

Financial Controller

Credit Analyst

Structured Products Manager

ISDA Documentation Manager

Regulatory Reporting Officer

Credit Trading Head

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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