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Collateral Management Agreement
1. Parties: Identification of the contracting parties, including their roles (e.g., Collateral Provider, Collateral Manager, Security Trustee)
2. Background: Context of the agreement, relationship between parties, and purpose of the collateral arrangement
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules
4. Appointment and Authority: Formal appointment of the collateral manager and scope of authority
5. Collateral Requirements: Types of eligible collateral, posting requirements, and maintenance obligations
6. Valuation and Margins: Methods for valuing collateral, margin calculations, and frequency of valuations
7. Custody and Safekeeping: Requirements for holding and safeguarding collateral assets
8. Substitution and Returns: Procedures for substituting collateral and conditions for return
9. Events of Default: Definition of default events and consequences
10. Enforcement Rights: Rights and procedures for enforcing security interests in collateral
11. Fees and Expenses: Fee structure and payment terms for collateral management services
12. Representations and Warranties: Standard and specific representations by each party
13. Liability and Indemnification: Scope of liability and indemnification obligations
14. Termination: Conditions and procedures for terminating the agreement
15. Confidentiality: Obligations regarding confidential information and data protection
16. Notices: Communication procedures and contact details
17. Governing Law and Jurisdiction: Danish law as governing law and jurisdiction provisions
1. Third-Party Rights: Required when other parties may have rights under the agreement
2. Tax Provisions: Include when tax implications need specific attention, especially for cross-border arrangements
3. Insurance Requirements: Needed when specific insurance coverage is required for certain types of collateral
4. Reporting Requirements: Include when specific reporting obligations exist beyond standard requirements
5. Sub-custody Arrangements: Required when third-party custodians may be involved
6. Force Majeure: Optional but recommended for defining circumstances beyond parties' control
7. ESG Compliance: Include when parties require specific environmental, social, and governance standards
8. Regulatory Compliance: Specific section needed for regulated entities with additional compliance requirements
1. Schedule 1 - Eligible Collateral: Detailed list of acceptable collateral types and their characteristics
2. Schedule 2 - Valuation Procedures: Detailed methodology for collateral valuation and margin calculations
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and payment terms
4. Schedule 4 - Operating Procedures: Day-to-day operational procedures and requirements
5. Schedule 5 - Notice Details: Comprehensive contact information and communication protocols
6. Schedule 6 - Form of Reports: Templates and formats for required reporting
7. Appendix A - Power of Attorney: Standard form of power of attorney if required
8. Appendix B - Service Level Agreement: Detailed service levels and performance metrics
9. Appendix C - Account Details: Relevant account information for collateral transfers and custody
Authors
Affiliate
Agreement
Applicable Law
Approved Custody Account
Authorized Person
Business Day
Calculation Agent
Calculation Date
Close of Business
Collateral
Collateral Account
Collateral Assets
Collateral Management Fee
Collateral Manager
Collateral Provider
Collateral Receiver
Collateral Value
Confidential Information
Control
Credit Support Amount
Custodian
Cut-off Time
Default Interest Rate
Delegate
Delivery Date
Dispute
Effective Date
Eligible Collateral
Encumbrance
Enforcement Event
Events of Default
Excess Collateral
Exposure
Financial Collateral
Force Majeure Event
Governing Law
Haircut
Independence Requirement
Initial Margin
Interest Period
Key Personnel
Legal Requirements
Losses
Margin Call
Margin Requirement
Market Value
Material Adverse Effect
Notice of Default
Operating Procedures
Parties
Perfection Requirements
Posted Collateral
Regulatory Requirement
Relevant Market
Reporting Period
Required Currency
Security Interest
Service Level
Settlement Date
Sub-custodian
Substitution Date
Termination Date
Transaction
Transfer
Valuation Agent
Valuation Date
Valuation Percentage
Valuation Time
Authority
Collateral Delivery
Collateral Eligibility
Collateral Maintenance
Collateral Substitution
Collateral Valuation
Confidentiality
Custody
Data Protection
Default
Definitions
Dispute Resolution
Enforcement
Fees and Expenses
Force Majeure
Governing Law
Indemnification
Insurance
Interest
Liability
Margin Requirements
Notices
Representations and Warranties
Reporting
Security Interest
Service Levels
Sub-custody
Taxation
Term and Termination
Third Party Rights
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