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Credit Default Swap Agreement
"I need a Credit Default Swap Agreement under Dutch law for a major bank acting as protection buyer, with specific provisions for multiple reference entities in the renewable energy sector and additional termination rights linked to ESG criteria."
1. Parties: Identification of the protection buyer and protection seller, including full legal names, registration details, and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the CDS
3. Definitions: Comprehensive definitions section incorporating ISDA definitions and additional transaction-specific terms
4. Transaction Terms: Core economic terms including reference entity, obligations, credit events, and settlement methods
5. Premium Payments: Details of premium calculation, payment dates, and payment mechanics
6. Credit Events: Specific provisions regarding credit event notifications, verification, and consequences
7. Settlement: Physical or cash settlement procedures, valuation methods, and delivery requirements
8. Representations and Warranties: Standard and transaction-specific representations from both parties
9. Covenants: Ongoing obligations of the parties during the term of the agreement
10. Events of Default: Circumstances constituting default and corresponding remedies
11. Early Termination: Provisions for early termination and close-out procedures
12. Calculations and Determinations: Role and responsibilities of calculation agent
13. Notices: Communication procedures and contact details
14. Governing Law and Jurisdiction: Specification of Dutch law governance and jurisdiction arrangements
1. Credit Support Arrangements: Include when collateral posting is required between parties
2. Third Party Rights: Include when rights are to be granted to non-parties under the agreement
3. Additional Termination Events: Include when specific circumstances beyond standard events should trigger termination
4. Tax Provisions: Include when specific tax arrangements or gross-up provisions are needed
5. Multiple Reference Entities: Include when the CDS covers multiple reference entities
6. Break Clauses: Include when parties want optional early termination rights
7. Succession Events: Include when detailed provisions for corporate actions affecting the reference entity are needed
1. Schedule 1: Transaction Details: Detailed economic terms of the specific CDS transaction
2. Schedule 2: Reference Entity Details: Specific information about the reference entity and reference obligations
3. Schedule 3: Notice Details: Detailed contact information for all types of notices
4. Schedule 4: Credit Support Details: Specific terms of any credit support arrangement
5. Appendix A: Form of Credit Event Notice: Template for credit event notification
6. Appendix B: Form of Notice of Physical Settlement: Template for physical settlement notification
7. Appendix C: Calculation Agent Provisions: Detailed procedures for calculations and determinations
8. Appendix D: Settlement Terms: Detailed provisions for settlement procedures
Authors
Affiliate
Bankruptcy
Business Day
Calculation Agent
Calculation Period
Cash Settlement
Credit Event
Credit Event Notice
Credit Protection Period
Credit Support Document
Default Interest
Defaulting Party
Deliverable Obligation
Early Termination Date
Early Termination Amount
Event of Default
Exercise Period
Failure to Pay
Fixed Amount
Fixed Rate
Fixed Rate Payer
Floating Rate
Floating Rate Payer
Governmental Authority
Grace Period
ISDA Master Agreement
Loss
Market Value
Merger Event
Notifying Party
Obligation
Payment Date
Physical Settlement
Premium
Protection Buyer
Protection Seller
Reference Entity
Reference Obligation
Regulatory Event
Relevant Jurisdiction
Restructuring
Settlement Date
Settlement Method
Specified Currency
Successor
Tax Event
Termination Currency
Transaction
Valuation Date
Voting Shares
Definitions and Interpretation
Credit Events
Settlement Obligations
Premium Payments
Payment Mechanics
Calculation Agent
Representations and Warranties
Covenants
Events of Default
Early Termination
Close-out Netting
Credit Support
Successors and Transfers
Tax Provisions
Governing Law and Jurisdiction
Notices
Amendments and Waivers
Confidentiality
Data Protection
Regulatory Compliance
Force Majeure
Assignment and Transfer
Severability
Entire Agreement
Counterparts
Third Party Rights
Dispute Resolution
Records and Reporting
Communications
Banking
Financial Services
Insurance
Investment Management
Asset Management
Investment Banking
Corporate Banking
Risk Management
Credit Trading
Hedge Funds
Pension Funds
Legal
Risk Management
Trading
Compliance
Documentation
Credit Analysis
Treasury
Operations
Financial Control
Structured Products
Market Risk
Credit Risk
Trading Operations
Legal Operations
Regulatory Reporting
Credit Derivatives Trader
Risk Manager
Legal Counsel
Compliance Officer
Credit Analyst
Portfolio Manager
Structured Products Specialist
Documentation Specialist
Trading Operations Manager
Chief Risk Officer
Treasury Manager
Derivatives Documentation Manager
Financial Controller
Credit Trading Head
Legal Documentation Officer
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