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Short Sale Agreement
"Need a Short Sale Agreement for our Singapore hedge fund to borrow 100,000 shares of ABC Technologies Ltd from XYZ Bank, with settlement planned for March 2025 and standard market margin requirements."
1. Parties: Identification of the lender and borrower with full legal details
2. Background: Context of the short sale arrangement and purpose
3. Definitions: Key terms used throughout the agreement
4. Securities Details: Specific securities being sold short, including quantity and identification
5. Settlement Terms: Timing and process for settlement of the short sale
6. Margin Requirements: Initial and maintenance margin requirements
7. Representations and Warranties: Standard declarations by both parties
8. Termination: Conditions and process for ending the agreement
1. Broker Arrangements: Details of any intermediary broker involvement when a broker is facilitating the short sale
2. Collateral Arrangements: Additional security arrangements when collateral beyond standard margin is required
3. Cross-Border Provisions: Additional terms for international transactions when parties are in different jurisdictions
1. Schedule 1 - Securities Schedule: Detailed list of securities subject to short selling
2. Schedule 2 - Margin Requirements: Detailed calculation methodology for margin requirements
3. Schedule 3 - Settlement Procedures: Detailed settlement process and timeline
4. Appendix A - Risk Disclosure Statement: Mandatory risk disclosures as required by MAS
Authors
Applicable Law
Borrowed Securities
Business Day
Collateral
Covered Short Sale
Default Event
Effective Date
Events of Default
Initial Margin
Lender
Lending Fee
Maintenance Margin
Margin Call
Market Value
MAS
Parties
Regulatory Requirements
Relevant Exchange
Securities
Settlement Date
SGX
Short Position
Short Sale
Short Seller
Trading Day
Transaction
Transfer Date
Valuation Date
Voting Rights
Securities Lending
Short Sale Terms
Margin Requirements
Settlement Obligations
Representations and Warranties
Risk Disclosure
Regulatory Compliance
Fees and Charges
Default Events
Termination Rights
Buy-in Procedures
Collateral Arrangements
Corporate Actions
Market Disruption
Voting Rights
Tax Provisions
Indemnification
Confidentiality
Notices
Assignment and Transfer
Force Majeure
Governing Law
Dispute Resolution
Entire Agreement
Amendments
Severability
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