The Margin Lending Agreement is a critical document used in financial markets where lenders provide credit facilities secured by financial instruments as collateral. This agreement, governed by Danish law and compliant with EU regulations, is essential for establishing the legal framework between financial institutions and their clients engaging in margin lending transactions. The document details crucial aspects such as facility terms, margin requirements, eligible collateral, valuation methodologies, and enforcement rights. It is particularly relevant in scenarios where financial institutions extend credit to professional investors, investment funds, or other eligible borrowers against their securities portfolios. The agreement ensures compliance with Danish financial regulations, including the Danish Financial Business Act and Capital Markets Act, while incorporating relevant EU directives such as MiFID II requirements where applicable.
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Key Requirements PROMPT example:
Margin Lending Agreement
I need a Margin Lending Agreement governed by Danish law for our investment bank to provide margin lending services to institutional clients, specifically hedge funds and professional investors, with a focus on Nordic equities as eligible collateral and implementation by March 2025.
1. Parties: Identification of the lender and borrower, including registration numbers and addresses
2. Background: Context of the agreement and general purpose of the margin lending facility
3. Definitions: Definitions of key terms used throughout the agreement, including financial and technical terms
4. Facility and Purpose: Details of the margin lending facility, including amount, purpose, and availability period
5. Margin Requirements: Core provisions regarding initial margin, maintenance margin, and margin calls
6. Collateral Arrangements: Requirements for posting collateral, eligible collateral types, and valuation methods
7. Interest and Fees: Interest calculation, payment terms, and applicable fees
8. Representations and Warranties: Standard and specific representations by the borrower
9. Covenants: Positive and negative undertakings by the borrower
10. Margin Calls and Valuation: Procedures for margin calls, timing, and valuation of collateral
11. Events of Default: Circumstances constituting default and consequences
12. Enforcement Rights: Lender's rights upon default, including collateral liquidation
13. Payments and Calculations: Payment mechanics, calculation periods, and currency provisions
14. Notices: Communication requirements and contact details
15. Governing Law and Jurisdiction: Danish law as governing law and jurisdiction provisions
1. Additional Borrower Obligations: Specific obligations for institutional borrowers or regulated entities
2. Currency Provisions: Required when lending or collateral involves multiple currencies
3. Tax Provisions: Detailed tax provisions when cross-border elements are involved
4. Market Disruption: Provisions dealing with market disruption events affecting collateral valuation
5. Client Classification: Required for retail clients under MiFID II requirements
6. Risk Disclosure: Detailed risk disclosures required for retail clients
7. Electronic Trading Platform: Terms for using electronic platforms for margin monitoring and trading
8. Data Protection: Extended GDPR compliance provisions when dealing with personal data
1. Schedule 1 - Facility Terms: Detailed terms of the facility including limits, interest rates, and fees
2. Schedule 2 - Eligible Collateral: List of acceptable collateral types and their respective margin requirements
3. Schedule 3 - Valuation Procedures: Detailed procedures for valuing different types of collateral
4. Schedule 4 - Margin Calculation: Formula and examples of margin calculation
5. Schedule 5 - Form of Margin Call Notice: Standard form for margin call notifications
6. Schedule 6 - Contact Details: Detailed contact information for operational matters
7. Appendix A - Standard Settlement Instructions: Payment and settlement details for both parties
8. Appendix B - Required Documents: List of required documentation from the borrower
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Securities Trading
Asset Management
Wealth Management
Capital Markets
Brokerage Services
Fund Management
Private Banking
Relevant Teams
Legal
Risk Management
Compliance
Trading
Securities Operations
Credit Analysis
Client Relations
Treasury
Collateral Management
Investment Management
Portfolio Management
Financial Control
Relevant Roles
Legal Counsel
Senior Legal Counsel
Financial Controller
Risk Manager
Credit Risk Officer
Compliance Officer
Investment Manager
Portfolio Manager
Trading Manager
Securities Operations Manager
Client Relationship Manager
Credit Analysis Manager
Collateral Manager
Treasury Manager
Chief Risk Officer
Chief Legal Officer
Head of Trading
Head of Securities Operations
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