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Credit Default Swap Agreement
"Need to draft a Credit Default Swap Agreement under Irish law for a hedge fund as protection buyer seeking credit protection on a portfolio of Irish corporate bonds, with physical settlement option and quarterly premium payments starting March 2025."
1. Parties: Identification of the protection buyer and protection seller, including registration details and addresses
2. Background: Context of the agreement, relationship between parties, and general purpose of the CDS
3. Definitions: Comprehensive definitions including Credit Events, Reference Entity, Reference Obligation, and other ISDA-standard terms
4. Transaction Terms: Core economic terms including notional amount, fixed rate, credit events, reference obligations
5. Credit Events and Settlement: Detailed provisions regarding credit event triggers, notification procedures, and settlement mechanisms
6. Premium Payments: Terms regarding the payment of premiums, calculation periods, and payment dates
7. Representations and Warranties: Standard declarations by both parties regarding capacity, authority, and compliance with laws
8. Covenants: Ongoing obligations of the parties including regulatory reporting and risk mitigation requirements
9. Events of Default: Circumstances constituting default and consequences thereof
10. Early Termination: Provisions for early termination and close-out procedures
11. Governing Law and Jurisdiction: Specification of Irish law governance and jurisdiction provisions
1. Credit Support Arrangements: Include when collateral posting is required, specifying collateral terms and maintenance
2. Third Party Rights: Include when rights are to be conferred on non-parties under the agreement
3. Additional Termination Events: Include when specific circumstances beyond standard events of default should trigger termination
4. Transfer Provisions: Include when parties want to specify detailed transfer rights and restrictions
5. Tax Provisions: Include when specific tax gross-up or tax event provisions are needed
6. Multi-branch Provisions: Include when either party operates through multiple branches
7. Protocol Adherence: Include when specific ISDA protocols need to be incorporated
1. Schedule 1 - Transaction Confirmation: Detailed economic terms of the specific CDS transaction
2. Schedule 2 - Reference Entity Details: Specific information about the reference entity and obligations
3. Schedule 3 - Notice Information: Contact details and procedures for notices and communications
4. Schedule 4 - Credit Support Terms: Detailed collateral requirements and calculations if applicable
5. Appendix A - ISDA Definitions: Incorporation of relevant ISDA definitions and modifications
6. Appendix B - Settlement Terms: Detailed procedures for settlement following a credit event
7. Appendix C - Calculation Agent Provisions: Detailed terms regarding calculation agent's role and responsibilities
Authors
Accreted Amount
Affiliate
Bankruptcy
Business Day
Calculation Agent
Calculation Amount
Calculation Period
Cash Settlement
Cash Settlement Amount
Cash Settlement Date
Credit Default Swap
Credit Derivatives Determinations Committee
Credit Event
Credit Event Backstop Date
Credit Event Notice
Credit Event Resolution Request Date
Credit Protection
Default Requirement
Defaulting Party
Delivery Date
Early Termination Date
Early Termination Amount
Effective Date
Eligible Transferee
EMIR
Event Determination Date
Exercise Amount
Exercise Cut-off Date
Exercise Date
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
Governmental Authority
Grace Period
Grace Period Business Day
Grace Period Extension Date
ISDA Master Agreement
Loss Amount
MiFID II
Notifying Party
Obligation
Obligation Acceleration
Obligation Category
Obligation Characteristics
Payment
Payment Requirement
Physical Settlement
Physical Settlement Date
Potential Credit Event
Potential Failure to Pay
Protection Buyer
Protection Seller
Public Source
Reference Entity
Reference Obligation
Reference Price
Relevant Jurisdiction
Repudiation/Moratorium
Restructuring
Scheduled Termination Date
Settlement Method
Successor
Trade Date
Transaction
Valuation Date
Valuation Method
Valuation Time
Interpretation
Reference Entity
Credit Events
Settlement Terms
Payment Obligations
Premium Payments
Representations and Warranties
Covenants
Events of Default
Termination
Force Majeure
Notices
Calculation Agent
Transfer Restrictions
Assignment
Confidentiality
Data Protection
Regulatory Compliance
EMIR Obligations
MiFID II Compliance
Tax Provisions
Indemnification
Dispute Resolution
Governing Law
Jurisdiction
Severability
Amendments
Entire Agreement
Counterparts
Third Party Rights
Credit Support
Succession Events
Documentation
Record Keeping
Reporting Requirements
Banking
Financial Services
Insurance
Investment Management
Asset Management
Capital Markets
Corporate Finance
Risk Management
Hedge Funds
Private Equity
Legal
Compliance
Risk Management
Trading
Operations
Credit Analysis
Documentation
Treasury
Regulatory Reporting
Middle Office
Product Control
Collateral Management
Derivatives Trader
Legal Counsel
Compliance Officer
Risk Manager
Portfolio Manager
Credit Analyst
Structured Products Manager
Documentation Specialist
Trading Operations Manager
Chief Investment Officer
Credit Risk Officer
Financial Controller
ISDA Documentation Manager
Regulatory Reporting Officer
Treasury Manager
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