Loss Share Agreement Template for Nigeria

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Key Requirements PROMPT example:

Loss Share Agreement

"I need a Loss Share Agreement between my commercial bank and AMCON for a portfolio of non-performing loans worth 5 billion Naira, with a 80:20 loss sharing ratio and quarterly reporting requirements, to be effective from March 1, 2025."

Document background
Loss Share Agreements are crucial risk management tools in the Nigerian financial sector, typically employed when financial institutions need to share or transfer risks associated with specific asset portfolios. These agreements become particularly relevant during bank acquisitions, resolution of distressed institutions, or management of non-performing assets. A Loss Share Agreement details the specific assets covered, loss-sharing percentages, calculation methodologies, and claims procedures, all while ensuring compliance with Nigerian banking regulations, particularly BOFIA 2020 and CBN directives. The agreement helps facilitate financial sector stability by providing a structured framework for risk sharing and loss mitigation, often used in conjunction with broader financial restructuring or resolution strategies. It typically includes provisions for ongoing monitoring, reporting requirements, and regulatory compliance measures specific to the Nigerian banking sector.
Suggested Sections

1. Parties: Identification of the parties entering into the loss share agreement, including their legal status and registration details

2. Background: Context of the agreement, including the purpose of the loss-sharing arrangement and relevant regulatory framework

3. Definitions and Interpretation: Detailed definitions of key terms including Covered Assets, Loss Share Period, Loss Share Percentage, Claim Process, etc.

4. Scope of Agreement: Defines the specific assets or portfolio covered under the loss-sharing arrangement

5. Loss Share Mechanism: Details of how losses will be shared, including percentages, thresholds, and caps

6. Calculation of Losses: Methodology for calculating covered losses, including eligible expenses and write-downs

7. Claims Process: Procedures and timelines for submitting and processing loss share claims

8. Reporting Requirements: Regular reporting obligations, including frequency, format, and content of reports

9. Representations and Warranties: Standard representations and warranties from both parties

10. Covenants: Ongoing obligations of both parties during the term of the agreement

11. Events of Default: Circumstances constituting default and consequences thereof

12. Term and Termination: Duration of the agreement and circumstances for early termination

13. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and applicable law

14. General Provisions: Standard boilerplate clauses including notices, amendments, assignment, etc.

Optional Sections

1. Asset Management Obligations: Required when the agreement includes specific requirements for managing covered assets

2. Third Party Administrator: Include when a third party will administer the loss share program

3. Recovery Sharing: Include when parties agree to share any recoveries on previously claimed losses

4. Regulatory Compliance: Detailed section needed when agreement involves specific regulatory requirements or approvals

5. Data Protection and Confidentiality: Enhanced section when agreement involves sensitive customer data

6. Step-in Rights: Include when one party has the right to take over management of covered assets

7. Cross-Default Provisions: Include when agreement is linked to other financial agreements between parties

Suggested Schedules

1. Schedule 1 - Covered Assets: Detailed list and description of assets covered under the agreement

2. Schedule 2 - Loss Share Calculations: Detailed formulae and examples of loss calculations

3. Schedule 3 - Claim Forms: Standard forms and documentation required for loss share claims

4. Schedule 4 - Reporting Templates: Templates for regular reporting requirements

5. Schedule 5 - Service Levels: Timeline and performance standards for claims processing

6. Appendix A - Asset Classification Criteria: Criteria for classifying assets and determining eligibility for loss share

7. Appendix B - Regulatory Approvals: Copies of relevant regulatory approvals and conditions

8. Appendix C - Authorized Signatories: List of authorized representatives for both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Insurance

Asset Management

Investment Banking

Microfinance

Development Finance

Financial Technology

Public Finance

Corporate Finance

Relevant Teams

Legal

Risk Management

Finance

Compliance

Treasury

Credit Risk

Portfolio Management

Regulatory Affairs

Operations

Asset Management

Corporate Finance

Investment

Restructuring

Relevant Roles

Chief Risk Officer

Chief Financial Officer

Head of Treasury

Legal Counsel

Compliance Officer

Risk Manager

Portfolio Manager

Asset Manager

Credit Risk Analyst

Financial Controller

Regulatory Affairs Director

Banking Operations Manager

Investment Manager

Corporate Finance Director

Restructuring Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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