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Loss Share Agreement
"I need a Loss Share Agreement under German law between Deutsche Bank AG and Commerzbank AG for sharing losses on a €500M commercial loan portfolio, with an 80:20 loss sharing ratio and quarterly reporting requirements, to be effective from March 1, 2025."
1. Parties: Identification of the participating entities entering into the loss share arrangement
2. Background: Context of the agreement and description of the underlying transaction or relationship
3. Definitions: Defined terms used throughout the agreement, including financial and technical terms
4. Scope of Loss Sharing: Definition of covered losses and extent of sharing arrangements
5. Loss Share Mechanics: Detailed procedures for calculating and allocating losses between parties
6. Payment and Settlement: Terms and procedures for settling loss share payments
7. Reporting Requirements: Obligations for loss reporting, documentation, and information sharing
8. Representations and Warranties: Standard and specific representations by each party
9. Covenants: Ongoing obligations of the parties during the agreement term
10. Events of Default: Circumstances constituting default and consequences
11. Term and Termination: Duration of the agreement and termination provisions
12. Confidentiality: Protection of confidential information and data
13. Governing Law and Jurisdiction: German law as governing law and jurisdiction provisions
14. Miscellaneous: Standard boilerplate provisions including notices, amendments, and assignment
1. Regulatory Compliance: Specific provisions for regulatory requirements when parties are regulated entities
2. Third-Party Rights: Rights of third parties when the loss share arrangement affects external stakeholders
3. Security Arrangements: Additional security or collateral provisions if required for the loss sharing
4. Tax Provisions: Specific tax treatment and allocations when tax implications are significant
5. Step-In Rights: Rights to step into underlying arrangements in case of default, if applicable
6. Force Majeure: Provisions for extraordinary events affecting loss sharing obligations
1. Schedule 1 - Loss Calculation Methodology: Detailed mathematical formulas and procedures for calculating shared losses
2. Schedule 2 - Form of Loss Notice: Standard template for notifying losses under the agreement
3. Schedule 3 - Reporting Templates: Standard forms for periodic reporting of loss-related information
4. Schedule 4 - Eligible Assets/Transactions: List or description of assets or transactions covered by the loss sharing
5. Schedule 5 - Contact Details: Contact information for notices and operational matters
6. Appendix A - Initial Loss Estimates: Initial calculations or estimates of potential losses if available
7. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements applicable to the arrangement
Authors
Applicable Law
Applicable Percentage
Authorized Representative
Business Day
Calculation Date
Calculation Period
Claim Notice
Covered Assets
Covered Loss
Cut-off Date
Default Event
Effective Date
Eligible Loss
Event of Default
Excluded Losses
First Loss Amount
Initial Portfolio
Loss Calculation Method
Loss Notice
Loss Payment
Loss Payment Date
Loss Share Certificate
Loss Share Percentage
Loss Sharing Trigger Event
Loss Threshold
Material Adverse Effect
Maximum Loss Amount
Notification Period
Payment Period
Portfolio Assets
Portfolio Value
Quarterly Report
Recovery Amount
Reference Date
Regulatory Authority
Reporting Period
Required Information
Settlement Date
Sharing Ratio
Termination Date
Threshold Amount
Transaction Documents
Underlying Assets
Valuation Date
Valuation Method
Definitions
Interpretation
Loss Share Calculation
Payment Obligations
Loss Notification
Reporting Requirements
Information Rights
Loss Verification
Recovery Rights
Representations and Warranties
Covenants
Events of Default
Remedies
Term and Termination
Confidentiality
Data Protection
Assignment
Amendments
Force Majeure
Notices
Governing Law
Dispute Resolution
Severability
Entire Agreement
Counterparts
Third Party Rights
Regulatory Compliance
Anti-Money Laundering
Financial Records
Audit Rights
Indemnification
Set-Off Rights
Security Interests
Tax Provisions
Banking
Financial Services
Insurance
Investment Management
Real Estate
Private Equity
Asset Management
Corporate Finance
Debt Collection
Loan Servicing
Legal
Risk Management
Finance
Compliance
Treasury
Portfolio Management
Credit Risk
Operations
Structured Finance
Transaction Management
Investment Management
Asset Management
Chief Risk Officer
Chief Financial Officer
Legal Counsel
Risk Manager
Portfolio Manager
Compliance Officer
Financial Controller
Treasury Manager
Corporate Lawyer
Investment Manager
Asset Manager
Transaction Manager
Credit Risk Analyst
Managing Director
Head of Structured Finance
Director of Operations
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