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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."
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
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
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
Accreted Amount
Affiliate
Bankruptcy
Business Day
Calculation Agent
Calculation Period
Credit Derivatives Determinations Committee
Credit Event
Credit Event Backstop Date
Credit Event Notice
Credit Event Resolution Request Date
Credit Protection Period
Default Requirement
Defaulted Credit
Deliverable Obligation
Delivery Date
Determination Date
Eligible Transferee
EMIR
Failure to Pay
Fixed Amount
Fixed Rate
Fixed Rate Payer
Fixed Rate Payer Calculation Amount
Fixed Rate Payer Payment Date
Floating Rate Payer
Floating Rate Payer Calculation Amount
German Banking Day
Grace Period
Grace Period Business Day
Grace Period Extension Date
Initial Payment Date
Interest Rate
ISDA Master Agreement
Obligation
Obligation Acceleration
Obligation Category
Obligation Characteristics
Payment Requirement
Potential Failure to Pay
Potential Repudiation/Moratorium
Premium
Protection Buyer
Protection Seller
Reference Entity
Reference Obligation
Relevant Obligation
Repudiation/Moratorium
Restructuring
Scheduled Termination Date
Settlement Currency
Settlement Date
Settlement Method
Succession Event
Successor
Trade Date
Transaction
Valuation Date
Valuation Method
Valuation Time
Credit Events
Settlement Terms
Payment Obligations
Premium Calculation
Reference Obligations
Succession Events
Representations and Warranties
Conditions Precedent
Termination Events
Events of Default
Early Termination
Calculation Agent Provisions
Notice Requirements
Transfer Restrictions
Tax Provisions
Regulatory Compliance
EMIR Reporting
Clearing Obligations
Credit Support
Governing Law
Dispute Resolution
Confidentiality
Force Majeure
Assignment
Amendments
Severability
Entire Agreement
Counterparts
Notices
No Third Party Rights
Set-off Rights
Recording of Communications
Data Protection
Anti-Money Laundering
Sanctions Compliance
Banking
Insurance
Investment Management
Asset Management
Hedge Funds
Corporate Treasury
Financial Services
Investment Banking
Private Equity
Pension Funds
Energy
Commodities
Manufacturing
Real Estate
Legal
Risk Management
Trading
Compliance
Treasury
Operations
Documentation
Finance
Credit Analysis
Regulatory Reporting
Middle Office
Product Control
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
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