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Securities Lending Agreement
"Need a Securities Lending Agreement under Hong Kong law for our investment bank acting as lending agent on behalf of multiple institutional clients, with specific provisions for tri-party collateral management and electronic trading platform integration."
1. Parties: Identification of the lender and borrower, including regulatory status and capacity
2. Background: Context of the agreement and general intention of the parties
3. Definitions and Interpretation: Defined terms, interpretation rules, and references to market standard definitions
4. Loans of Securities: Core provisions governing the lending of securities, including loan procedures and terms
5. Transfer of Securities: Mechanics and requirements for transferring securities between parties
6. Collateral Requirements: Provisions regarding posting, maintaining, and returning collateral
7. Margin Maintenance: Requirements for maintaining margin levels and making margin calls
8. Income and Corporate Actions: Treatment of dividends, interest, and corporate actions affecting loaned securities
9. Fees and Charges: Lending fees, rebate rates, and other charges
10. Tax: Tax obligations, withholding requirements, and gross-up provisions
11. Events of Default: Default triggers and consequences
12. Set-off Rights: Rights of set-off and close-out netting provisions
13. Representations and Warranties: Standard and specific representations by each party
14. Regulatory Compliance: Compliance with Hong Kong securities regulations and other applicable laws
15. Termination: Termination events and procedures
16. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Agency Lending Provisions: Additional provisions when either party acts as agent for underlying principals
2. Tri-party Arrangements: Provisions for when a tri-party agent is used for collateral management
3. Electronic Trading Platform: Terms for using electronic platforms for trading and settlement
4. Central Counterparty Provisions: Additional terms when trades are cleared through a CCP
5. Force Majeure: Provisions dealing with extraordinary events affecting performance
6. Market Disruption: Provisions for handling market disruption events
7. Additional Tax Provisions: Specific tax provisions for complex cross-border arrangements
8. Non-standard Collateral Terms: Special provisions for non-standard collateral types
1. Schedule 1 - Eligible Securities: List and characteristics of securities eligible for lending
2. Schedule 2 - Eligible Collateral: Acceptable forms of collateral and associated haircuts
3. Schedule 3 - Fee Schedule: Detailed fee calculations and rates
4. Schedule 4 - Operating Procedures: Detailed operational procedures including settlement instructions
5. Schedule 5 - Forms and Notices: Standard forms for borrowing requests, recalls, and other notices
6. Schedule 6 - Agency Terms: Detailed terms for agency lending if applicable
7. Schedule 7 - Jurisdictional Requirements: Specific requirements under Hong Kong law and other applicable jurisdictions
8. Appendix A - Contact Details: Contact information for notices and operational matters
9. Appendix B - Tax Documentation: Required tax forms and documentation
Authors
Agency Loan
Applicable Law
Appropriate Market
Approved Bank
Base Currency
Borrowed Securities
Borrower
Borrowing Request
Business Day
Cash Collateral
Close of Business
Collateral
Collateral Margin Percentage
Collateral Value
Corporate Action
Default Market Value
Default Notice
Defaulting Party
Deliverable Securities
Delivery Date
Designated Office
Distribution
Dividend
Equivalent Collateral
Equivalent Securities
Event of Default
Exercise Date
Financial Instruments
HKMA
Income
Income Payment Date
Income Record Date
Lender
Lending Fee
Loan
Loaned Securities
Margin Call
Margin Percentage
Margin Transfer
Market Value
Master Agreement
Minimum Transfer Amount
Net Exposure
Non-Cash Collateral
Non-Defaulting Party
Notice of Exclusive Control
Notification Time
On-Loan Securities
Parties
Posted Collateral
Principal
Recall Notice
Relevant Payment Date
Securities
Securities and Futures Commission
Securities Lending Transaction
Settlement Date
Standard Settlement Time
Tax
Term
Termination Date
Transaction
Transfer Date
Tri-party Agent
Value Date
Voting Rights
Loans of Securities
Delivery of Securities
Title Transfer
Collateral Requirements
Margin Maintenance
Income and Corporate Actions
Voting Rights
Fees and Charges
Tax Provisions
Representations and Warranties
Covenants
Events of Default
Close-out and Set-off
Indemnification
Agency Provisions
Regulatory Compliance
Record Keeping
Settlement Procedures
Payment Obligations
Market Disruption
Force Majeure
Termination
Notices
Assignment and Transfer
Confidentiality
Data Protection
Dispute Resolution
Governing Law
Jurisdiction
Counterparts
Entire Agreement
Severability
Amendments
Third Party Rights
Anti-Money Laundering
Sanctions Compliance
Financial Services
Banking
Investment Management
Insurance
Securities Trading
Asset Management
Fund Management
Capital Markets
Wealth Management
Institutional Investment
Legal
Compliance
Trading
Risk Management
Operations
Portfolio Management
Securities Lending
Collateral Management
Settlement
Investment
Treasury
Regulatory Affairs
Documentation
Middle Office
Back Office
Legal Counsel
Compliance Officer
Securities Trading Manager
Risk Manager
Operations Manager
Portfolio Manager
Securities Lending Trader
Collateral Manager
Settlement Officer
Investment Director
Chief Investment Officer
Head of Trading
Legal Director
Regulatory Compliance Manager
Treasury Manager
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