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Credit Support Agreement
"I need a Credit Support Agreement governed by Indonesian law for a renewable energy project financing, where a parent company will provide security to support its subsidiary's obligations under a USD 50 million loan facility that will commence in March 2025."
1. Parties: Identification of the credit support provider, credit support receiver, and any other relevant parties
2. Background: Context of the agreement, reference to primary obligations, and purpose of the credit support arrangement
3. Definitions and Interpretation: Definitions of key terms, interpretation rules, and references to relevant documentation
4. Credit Support Obligations: Core obligations of the credit support provider, including types of support, delivery mechanisms, and timing
5. Calculation and Valuation: Methods for calculating required credit support amounts, valuation procedures, and timing of calculations
6. Delivery and Return: Procedures for delivering and returning credit support, including timing, method, and location
7. Representations and Warranties: Standard and specific representations regarding capacity, authority, and credit support assets
8. Events of Default: Circumstances constituting default and consequences thereof
9. Rights and Remedies: Available remedies upon default, including enforcement procedures compliant with Indonesian law
10. Taxes: Treatment of taxes related to credit support transfers and maintenance
11. Notices: Communication procedures and contact details
12. Governing Law and Jurisdiction: Confirmation of Indonesian law governance and jurisdiction arrangements
13. General Provisions: Standard boilerplate provisions including amendments, assignments, and severability
1. Interest on Credit Support: Include when interest is payable on cash credit support
2. Custody Arrangements: Required when third-party custodian is involved in holding credit support
3. Foreign Exchange Provisions: Include for cross-border arrangements involving multiple currencies
4. Registration Requirements: Include when credit support requires registration under Indonesian law
5. Regulatory Compliance: Include specific section when parties are regulated entities
6. Set-off Rights: Include detailed set-off provisions when specifically agreed between parties
7. Dispute Resolution: Include when parties want specific dispute resolution procedures beyond court jurisdiction
1. Eligible Credit Support: List and descriptions of acceptable forms of credit support
2. Valuation Percentages: Haircuts and valuation procedures for different types of credit support
3. Credit Support Processing Times: Detailed timing requirements for delivery and return of credit support
4. Authorized Representatives: List of authorized persons who can act under the agreement
5. Notice Details: Detailed contact information and notice requirements
6. Form of Transfer Confirmations: Standard forms for confirming credit support transfers
7. Required Documentation: List of documents required for credit support transfers or registration
Authors
Banking
Financial Services
Insurance
Investment Management
Commodities Trading
Energy
Infrastructure
Real Estate
Manufacturing
Mining
Telecommunications
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Operations
Trading
Corporate Finance
Securities Operations
Chief Financial Officer
Treasury Manager
Risk Management Officer
Legal Counsel
Compliance Officer
Credit Risk Manager
Corporate Finance Manager
Securities Operations Manager
Collateral Manager
Financial Controller
Head of Trading
Senior Credit Analyst
General Counsel
Finance Director
Banking Relationship Manager
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