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Share Lending Agreement
1. Parties: Identification of the lender and borrower, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Loan of Securities: Core terms of the lending arrangement, including identification of securities and quantity
5. Term and Termination: Duration of the lending arrangement and circumstances for termination
6. Delivery and Return: Procedures for initial delivery and return of securities
7. Collateral: Requirements for collateral, including type, amount, and maintenance
8. Rights and Obligations: Specific rights and obligations of both parties during the lending period
9. Corporate Actions: Handling of dividends, voting rights, and other corporate actions
10. Fees and Payments: Lending fees, payment schedules, and calculation methods
11. Tax Provisions: Treatment of taxes, including withholding tax and manufactured dividends
12. Events of Default: Definition of default events and consequences
13. Representations and Warranties: Standard representations and warranties from both parties
14. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
15. Notices: Process for formal communications between parties
1. Market Disruption: Include when dealing with securities traded in volatile markets or during uncertain economic conditions
2. Intermediary Provisions: Required when a broker or agent is involved in the lending arrangement
3. Special Settlement Provisions: Include for cross-border transactions or when dealing with specific settlement systems
4. Additional Tax Provisions: Include when dealing with international parties or complex tax structures
5. Regulatory Compliance: Additional section for specific regulatory requirements when dealing with regulated entities
6. Force Majeure: Include when parties want specific provisions for extraordinary events
7. Confidentiality: Detailed confidentiality provisions when dealing with sensitive information or regulated entities
8. Anti-Money Laundering: Include when required by the nature of the parties or regulatory requirements
1. Schedule 1 - Securities Details: Detailed description of the securities being lent, including ISIN numbers and quantities
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, calculations, and payment terms
3. Schedule 3 - Collateral Requirements: Specific details of acceptable collateral and valuation methods
4. Schedule 4 - Operating Procedures: Detailed procedures for delivery, returns, and corporate actions
5. Schedule 5 - Form of Notices: Standard forms for various notices required under the agreement
6. Appendix A - Contact Details: List of authorized representatives and contact information for both parties
7. Appendix B - Settlement Instructions: Detailed settlement and account information for both parties
8. Appendix C - Regulatory Disclosures: Required regulatory disclosures and compliance statements
Authors
Applicable Law
Banking Day
Borrowed Securities
Borrower
Borrowing Request
Business Day
Cash Collateral
Collateral
Corporate Action
Default
Default Market Value
Delivery
Delivery Date
Distribution
Dividend
Early Termination
Equivalent Collateral
Equivalent Securities
Event of Default
Income
Income Payment Date
Interest Rate
Lender
Lending Fee
Loan
Loaned Securities
Margin
Margin Call
Margin Percentage
Market Value
Non-Cash Collateral
Notice of Default
Notification Time
Parties
Posted Collateral
Recall Notice
Record Date
Registration Date
Regulation T
Relevant Exchange
Relevant Financial Center
Return Date
Securities
Settlement Date
Settlement System
Specified Condition
Tax
Term
Termination Date
Transfer
Valuation Date
Valuation Percentage
Valuation Time
Voting Rights
Loan and Return
Delivery
Collateral
Margin Maintenance
Corporate Actions
Income Payments
Voting Rights
Fees
Tax
Representations and Warranties
Events of Default
Close-out and Set-off
Transfer and Assignment
Force Majeure
Market Disruption
Confidentiality
Regulatory Compliance
Anti-Money Laundering
Record Keeping
Notices
Settlement
Termination
Indemnification
Dispute Resolution
Governing Law
Jurisdiction
Entire Agreement
Severability
Amendment
Data Protection
Costs and Expenses
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