The Share Lending Agreement is a crucial document in German financial markets that facilitates the temporary transfer of securities between market participants. It is commonly used for various purposes including covering short positions, supporting market making activities, generating additional income from securities holdings, and addressing settlement failures. The agreement must comply with German regulatory requirements, particularly the Securities Trading Act (WpHG) and Banking Act (KWG), while also considering European regulations such as EMIR. This document type is essential for financial institutions operating in Germany and includes detailed provisions for collateral management, corporate actions, voting rights, and default scenarios. The Share Lending Agreement typically incorporates market standard provisions while allowing for customization based on the parties' specific requirements and the nature of the securities involved.
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1. Parties: Identification of the lender and borrower, including full legal names and addresses
2. Background: Context of the agreement and general purpose of the share lending arrangement
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Loan of Securities: Core terms of the lending arrangement, including identification of securities to be lent
5. Delivery and Return: Procedures and timing for the delivery of borrowed securities and their return
6. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
7. Fees and Payments: Lending fees, payment terms, and any other financial considerations
8. Rights and Obligations: Detailed responsibilities of both parties during the lending period
9. Distributions and Corporate Actions: Treatment of dividends, rights issues, and other corporate actions during the loan period
10. Representations and Warranties: Standard representations and warranties from both parties
11. Events of Default: Definition of default events and their consequences
12. Collateral Arrangements: Requirements for collateral, including type, amount, and maintenance
13. Tax Provisions: Treatment of taxes and responsibilities for tax payments
14. Notices: Communication procedures between parties
15. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Market Disruption: Provisions dealing with market disruption events - include when lending involves listed securities
2. Regulatory Compliance: Additional regulatory requirements - include when either party is a regulated entity
3. Set-off Rights: Rights to set off obligations - include when parties have multiple trading relationships
4. Voting Rights: Specific arrangements for voting rights - include when voting rights are important to either party
5. Intermediary Provisions: Additional provisions when custodians or other intermediaries are involved
6. Foreign Securities: Special provisions for cross-border elements - include when foreign securities are involved
7. Force Majeure: Provisions for extraordinary events - include when requested by parties
1. Schedule 1 - Securities: Detailed description of the securities to be lent, including ISIN numbers and quantities
2. Schedule 2 - Fee Schedule: Detailed breakdown of all applicable fees and calculation methods
3. Schedule 3 - Collateral Terms: Specific terms regarding acceptable collateral and haircuts
4. Schedule 4 - Settlement Instructions: Detailed instructions for securities transfers and payments
5. Schedule 5 - Contact Details: List of authorized representatives and contact information
6. Appendix A - Form of Loan Confirmation: Standard form for confirming individual loan transactions
7. Appendix B - Form of Default Notice: Standard form for issuing notices of default
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