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Equity Linked Agreement
"I need an Equity Linked Agreement for a structured product to be issued by our bank to institutional investors in Canada, linked to the S&P/TSX 60 Index with a 3-year term starting March 1, 2025, including principal protection and a participation rate of 75% in the index's positive performance."
1. Parties: Identification of all contracting parties and their legal status
2. Background: Context of the agreement and high-level description of the transaction
3. Definitions and Interpretation: Detailed definitions of terms used and interpretation rules
4. Equity Linking Structure: Core terms of the equity linking arrangement including reference assets and calculation methodology
5. Payment Terms: Details of payment obligations, timing, and calculation methods
6. Market Disruption Events: Provisions dealing with market disruptions and their impact on calculations
7. Adjustments and Corrections: Mechanisms for adjusting terms due to corporate actions or market events
8. Representations and Warranties: Standard and specific representations by all parties
9. Covenants: Ongoing obligations of the parties during the agreement term
10. Events of Default: Circumstances constituting default and consequences
11. Early Termination: Provisions for early termination and settlement
12. Governing Law and Jurisdiction: Applicable law and dispute resolution provisions
13. Notices: Communication requirements and contact details
14. General Provisions: Standard boilerplate clauses including assignment, amendments, and severability
1. Collateral Arrangements: Include when security or collateral is required to support obligations
2. Credit Support: Include when there are guarantees or other credit enhancement features
3. Tax Provisions: Detailed tax provisions when specific tax treatment is crucial to the arrangement
4. Transfer Restrictions: Include when there are specific limitations on transfer of rights or obligations
5. Third Party Rights: Include when rights are granted to non-parties to the agreement
6. Break Fees: Include when early termination fees apply
7. Regulatory Compliance: Include specific regulatory requirements when dealing with regulated entities
8. Force Majeure: Include when specific force majeure provisions are needed beyond market disruption events
1. Calculation Schedule: Detailed methodology for calculating equity-linked returns and payments
2. Reference Assets Schedule: Details of the underlying equity assets or indices
3. Form of Notice: Standard forms for various notices required under the agreement
4. Payment Dates Schedule: Calendar of payment dates and calculation periods
5. Eligibility Criteria: Criteria for reference assets or replacement assets
6. Fee Schedule: Breakdown of all applicable fees and charges
7. Form of Transfer Certificate: Standard form for transferring rights under the agreement
8. Contact Details: Detailed contact information for all parties and agents
Authors
Financial Services
Banking
Investment Management
Wealth Management
Corporate Finance
Insurance
Asset Management
Securities Trading
Investment Banking
Legal
Compliance
Risk Management
Structured Products
Trading
Operations
Product Development
Investment Management
Documentation
Client Relations
Quantitative Analysis
Middle Office
Structured Products Manager
Legal Counsel
Compliance Officer
Risk Manager
Investment Advisor
Portfolio Manager
Product Development Manager
Trading Manager
Financial Engineer
Quantitative Analyst
Operations Manager
Relationship Manager
Investment Banker
Documentation Specialist
Chief Investment Officer
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