Margin Loan Agreement Template for Ireland

A Margin Loan Agreement is essential when establishing a credit facility secured by financial instruments or securities. This document, governed by Irish law, is typically used when a financial institution provides lending facilities to investors or trading entities who wish to leverage their existing portfolio of securities. The agreement must comply with Irish financial services regulations and Central Bank requirements, particularly regarding security interests, client assets, and consumer protection where applicable. It contains detailed provisions for calculating and maintaining margin requirements, managing collateral, handling market fluctuations, and enforcing security interests. The document is structured to address both the commercial requirements of the lending arrangement and the regulatory framework governing margin lending in Ireland.

1. Parties: Identification of the lender and borrower

2. Background: Context of the agreement and general purpose of the margin loan facility

3. Definitions and Interpretation: Definitions of key terms including Margin Requirement, Collateral Value, Market Value, and interpretation clauses

4. The Facility: Core loan terms including facility amount, purpose, and availability

5. Margin Requirements: Calculation of margin requirements, maintenance requirements, and valuation mechanisms

6. Drawdown: Conditions precedent and drawdown mechanics

7. Interest and Fees: Interest calculation, payment terms, and applicable fees

8. Collateral Arrangements: Provisions regarding posting, maintaining, and managing collateral

9. Representations and Warranties: Standard and specific representations and warranties from the borrower

10. Covenants: Positive and negative covenants, including financial covenants and reporting requirements

11. Margin Calls and Collateral Top-up: Process for margin calls, timing for compliance, and consequences of non-compliance

12. Events of Default: List of events of default and their consequences

13. Rights and Remedies: Lender's rights upon default, including liquidation rights

14. Payments and Calculations: Payment mechanics, calculation conventions, and currency provisions

15. Changes to Parties: Transfer and assignment provisions

16. Administration: Notice provisions, calculations, and other administrative matters

17. Governing Law and Jurisdiction: Choice of law and jurisdiction provisions