This Credit Swap Agreement template is designed for use in the Danish market when parties wish to enter into credit default swap transactions under Danish law. The document serves as a master agreement that establishes the legal framework for trading credit derivatives while ensuring compliance with Danish financial regulations and relevant EU directives (including EMIR and MiFID II). It is particularly relevant for financial institutions, banks, and corporate entities seeking to manage credit risk exposure through derivative instruments. The agreement incorporates specific Danish legal requirements regarding financial collateral, netting arrangements, and insolvency provisions, while also addressing regulatory reporting obligations and settlement procedures. This template should be used when establishing new trading relationships for credit derivatives in Denmark or when existing arrangements need to be updated to reflect current regulatory requirements.
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Key Requirements PROMPT example:
Credit Swap Agreement
I need a Credit Swap Agreement under Danish law between our investment fund and a major Danish bank, with physical settlement options and specific provisions for technology sector reference entities, to be effective from March 2025.
1. Parties: Identification of the contracting parties and their legal details
2. Background: Context of the agreement and general purpose of the credit swap arrangement
3. Definitions: Comprehensive definitions of technical terms, financial concepts, and agreement-specific terminology
4. Transaction Mechanics: Core provisions governing how credit swap transactions are initiated, confirmed, and settled
5. Credit Events: Definition and scope of credit events that trigger the swap, notification procedures, and verification processes
6. Settlement Terms: Procedures for settlement following a credit event, including calculation methods and payment obligations
7. Representations and Warranties: Standard and swap-specific representations and warranties from both parties
8. Covenants: Ongoing obligations of the parties throughout the agreement term
9. Default and Termination: Events of default, early termination provisions, and consequences
10. Calculation Agent: Appointment, role, and responsibilities of the calculation agent
11. Payment Provisions: Payment mechanics, timing, and currency provisions
12. Tax Provisions: Treatment of taxes, including gross-up obligations and tax events
13. Governing Law and Jurisdiction: Danish law as governing law and jurisdiction provisions
1. Credit Support Arrangements: Optional section for collateral arrangements, used when parties agree to post collateral
2. Third Party Rights: Required if agreement affects rights of third parties or if using agents
3. Market Disruption: Include when dealing with publicly traded reference obligations
4. Additional Representations: Used for jurisdiction-specific or party-specific additional representations
5. EMIR Compliance: Required if parties are subject to EMIR reporting obligations
6. Transfer Restrictions: Include if parties want to restrict assignment or transfer rights
1. Transaction Confirmation Form: Standard form for documenting individual credit swap transactions
2. Credit Support Annex: Details of any collateral arrangements and related procedures
3. Reference Entities: List of reference entities and their obligations covered by the agreement
4. Pricing and Valuation Methods: Detailed procedures for pricing and valuation of transactions
5. Notice Details: Contact information and notice procedures for both parties
6. Settlement Mechanics: Detailed procedures for physical or cash settlement
7. Standard Terms Supplement: Industry standard terms incorporated by reference
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Insurance
Investment Management
Asset Management
Corporate Finance
Risk Management
Capital Markets
Pension Fund Management
Financial Technology
Relevant Teams
Legal
Risk Management
Trading
Compliance
Treasury
Documentation
Credit Risk
Regulatory Affairs
Operations
Finance
Investment Management
Portfolio Management
Relevant Roles
Chief Risk Officer
Trading Manager
Legal Counsel
Compliance Officer
Financial Controller
Credit Risk Manager
Derivatives Trader
Investment Manager
Treasury Manager
Legal Director
Regulatory Compliance Manager
Portfolio Manager
Senior Trading Executive
Documentation Specialist
Risk Analyst
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