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Master Netting Agreement
"I need a Master Netting Agreement under Austrian law for our bank's derivatives trading operations with multiple European branches, including specific provisions for cross-border transactions and automated trading systems to be implemented by March 2025."
1. Parties: Identification of the contracting parties and their legal status
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Comprehensive definitions of terms used throughout the agreement
4. Scope of Agreement: Types of transactions and obligations covered by the netting arrangement
5. Netting Events: Circumstances triggering netting rights including default, termination, and settlement
6. Netting Methodology: Detailed procedures for calculating netted amounts and settlement obligations
7. Payment Obligations: Terms governing payment and settlement of netted amounts
8. Representations and Warranties: Standard and specific representations regarding capacity, authority, and enforceability
9. Events of Default: Comprehensive list of events constituting default under the agreement
10. Early Termination: Procedures and consequences of early termination
11. Set-off Rights: Rights to set off obligations against amounts owed
12. Governing Law and Jurisdiction: Choice of Austrian law and jurisdiction provisions
13. Notices: Communication procedures between parties
14. Miscellaneous: Standard boilerplate provisions including amendments, waivers, and severability
1. Multi-branch Provisions: Additional provisions for parties operating through multiple branches or offices
2. Tax Provisions: Specific tax-related provisions if significant tax implications exist
3. Credit Support Arrangements: Provisions regarding collateral or other credit support if applicable
4. Special Entity Provisions: Additional provisions for regulated entities or special status parties
5. Foreign Exchange Transactions: Specific provisions for FX transactions if included in scope
6. Electronic Trading Provisions: Provisions for electronically executed transactions if relevant
1. Schedule 1 - Covered Transactions: Detailed list of transaction types covered by the agreement
2. Schedule 2 - Form of Confirmation: Standard form for confirming individual transactions
3. Schedule 3 - Contact Details: Contact information for notices and communications
4. Schedule 4 - Calculation Agent Provisions: Detailed procedures for calculations and determinations
5. Appendix A - Standard Settlement Instructions: Payment and settlement instructions for each party
6. Appendix B - Eligible Currencies: List of currencies in which transactions may be denominated
7. Appendix C - Forms of Legal Opinions: Standard forms of legal opinions if required
Authors
Banking
Financial Services
Insurance
Investment Management
Corporate Treasury
Capital Markets
Asset Management
Securities Trading
Derivatives Trading
Risk Management
Legal
Treasury
Risk Management
Compliance
Trading
Operations
Credit Risk
Regulatory Reporting
Finance
Collateral Management
Chief Financial Officer
Treasury Manager
Risk Manager
Legal Counsel
Compliance Officer
Trading Manager
Operations Director
Credit Risk Officer
Regulatory Reporting Manager
Financial Controller
Head of Trading
Senior Legal Counsel
Chief Risk Officer
Treasury Operations Manager
Collateral Manager
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