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1. Parties: Identification of the lender and borrower, including their legal status and registered addresses
2. Background: Context of the agreement and general purpose of the stock lending arrangement
3. Definitions: Defined terms used throughout the agreement, including specific German law terms and market standard definitions
4. Loans of Securities: Core provisions governing the lending of securities, including loan mechanics and delivery procedures
5. Transfer of Securities: Provisions regarding the transfer of title to securities and the mechanism for such transfers
6. Collateral Requirements: Rules regarding posting, maintaining, and returning collateral, including margin requirements
7. Income and Corporate Actions: Treatment of dividends, rights issues, and other corporate actions affecting the lent securities
8. Fees and Charges: Lending fees, rebate rates, and other charges payable under the agreement
9. Tax Provisions: Treatment of tax matters, including withholding tax and manufactured payments
10. Representations and Warranties: Standard representations and warranties adapted to German law requirements
11. Events of Default: Definition of events of default and their consequences
12. Termination Provisions: Provisions for terminating loans and the agreement itself
13. Set-off Rights: Rights of set-off under German law
14. Notices: Communication requirements and contact details
15. Governing Law and Jurisdiction: Confirmation of German law governance and jurisdiction provisions
1. Agency Provisions: Required when either party acts as agent for multiple principals
2. Clearing House Arrangements: Required when transactions will be cleared through a central counterparty
3. Tri-Party Arrangements: Required when using a tri-party collateral agent
4. Special Custody Provisions: Required when specific custody arrangements are needed beyond standard settlement systems
5. Electronic Trading Platform: Required when transactions will be executed through specific trading platforms
6. Additional Tax Provisions: Required for cross-border lending arrangements with specific tax implications
7. US Tax Provisions: Required when either party is subject to US taxation
1. Schedule A - Eligible Securities: List of securities eligible for lending under the agreement
2. Schedule B - Eligible Collateral: Types of permitted collateral and applicable haircuts
3. Schedule C - Fee Schedule: Detailed fee arrangements and calculation methodologies
4. Schedule D - Operating Procedures: Detailed operational procedures for loans and returns
5. Schedule E - Forms of Notices: Standard forms for borrowing requests, recalls, and other notices
6. Schedule F - Contact Details: Authorized persons and contact information for both parties
7. Schedule G - Tax Documentation: Required tax forms and documentation
8. Appendix 1 - Standard Settlement Instructions: Settlement and payment instructions for both parties
9. Appendix 2 - Collateral Management Procedures: Detailed procedures for posting and managing collateral
Banking
Financial Services
Investment Management
Securities Trading
Asset Management
Hedge Funds
Institutional Investment
Custody Services
Clearing Services
Investment Banking
Legal
Compliance
Risk Management
Securities Lending
Operations
Trading
Settlement
Collateral Management
Credit Risk
Documentation
Treasury
Regulatory Reporting
Client Services
Middle Office
Product Control
Securities Lending Trader
Portfolio Manager
Legal Counsel
Compliance Officer
Risk Manager
Operations Manager
Collateral Manager
Settlement Officer
Relationship Manager
Credit Risk Analyst
Trading Director
Head of Securities Finance
Regulatory Reporting Officer
Documentation Specialist
Treasury Manager
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