The Margin Loan Agreement is a specialized financing document used when a lender provides credit facilities to borrowers secured against a portfolio of financial instruments. This agreement is particularly relevant in the UAE financial markets, where margin lending is regulated by both the UAE Central Bank and the Securities and Commodities Authority. The document establishes the framework for the lending relationship, including crucial elements such as margin maintenance requirements, collateral arrangements, and enforcement mechanisms. It is designed to comply with UAE banking regulations and financial services laws, incorporating both conventional and Islamic finance principles where necessary. The agreement is typically used by financial institutions, investment banks, and brokerage firms providing leverage to their clients for investment purposes, with specific provisions addressing local regulatory requirements and market practices.
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1. Parties: Identification of the lender(s) and borrower(s)
2. Background: Context of the agreement and relationship between parties
3. Definitions and Interpretation: Key terms, calculation methods, and interpretation rules
4. The Facility: Core loan terms, purpose, and availability
5. Conditions Precedent: Requirements to be met before loan availability
6. Margin Requirements: Initial margin, maintenance margin requirements, and calculation methodology
7. Collateral Arrangements: Provisions regarding posting, maintaining, and withdrawing collateral
8. Representations and Warranties: Standard and specific declarations by borrower
9. Covenants: Ongoing obligations of the borrower
10. Margin Calls and Valuation: Process for margin calls, collateral valuation, and timing
11. Interest and Fees: Interest calculation, payment terms, and applicable fees
12. Events of Default: Circumstances constituting default and consequences
13. Enforcement Rights: Lender's rights upon default including collateral liquidation
14. Payments and Calculations: Payment mechanics, calculations, and business day conventions
15. Changes to Parties: Transfer and assignment provisions
16. Notices: Communication requirements and methods
17. General Provisions: Miscellaneous legal and operational provisions
1. Syndication Provisions: Required for syndicated facilities with multiple lenders
2. Islamic Finance Provisions: Required when the facility needs to be Shariah-compliant
3. Currency Provisions: Required when multiple currencies are involved
4. Tax Provisions: Detailed tax provisions when cross-border elements exist
5. Additional Borrower Provisions: Required when multiple borrowers may join the facility
6. Additional Collateral Provisions: Required when complex or multiple types of collateral are involved
7. Market Disruption: Required for facilities with market-linked interest rates
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Drawdown Request: Template for borrower to request loans
3. Eligible Collateral: List of acceptable collateral types and haircuts
4. Margin Calculations: Detailed methodology for calculating margin requirements
5. Form of Margin Call: Template for margin call notices
6. Form of Compliance Certificate: Template for periodic compliance certification
7. Contact Details: List of authorized contacts and notice details
8. Fee Schedule: Detailed breakdown of applicable fees
9. Form of Transfer Certificate: Template for transferring loan participations
10. Form of Accession Deed: Template for additional borrowers joining the facility
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Securities Trading
Wealth Management
Private Banking
Brokerage Services
Asset Management
Investment Banking
Corporate Finance
Relevant Teams
Legal
Risk Management
Compliance
Credit
Treasury
Operations
Trading
Finance
Investment Management
Client Relations
Regulatory Affairs
Documentation
Relevant Roles
Chief Financial Officer
Treasury Manager
Risk Manager
Compliance Officer
Legal Counsel
Credit Officer
Investment Manager
Relationship Manager
Portfolio Manager
Operations Manager
Trading Manager
Financial Controller
Credit Risk Analyst
Legal Director
Head of Lending
Chief Risk Officer
Regulatory Compliance Manager
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