The Loan Swap Agreement is a critical risk management tool utilized when parties seek to modify their exposure to interest rate fluctuations without altering their underlying loan obligations. This document, governed by Singapore law, sets out the terms under which the parties agree to exchange future payment streams, typically converting between fixed and floating rate obligations. The agreement includes detailed provisions for payment calculations, events of default, early termination, and collateral requirements where applicable, all within Singapore's sophisticated financial services regulatory framework.
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1. Parties: Identification and details of the contracting parties
2. Background: Context and purpose of the swap agreement
3. Definitions: Key terms used throughout the agreement including relevant regulatory references to SFA and MAS guidelines
4. Swap Terms: Core economic terms including notional amounts, interest rates, payment dates
5. Payment Mechanics: Details of how and when payments are to be made
6. Events of Default: Circumstances constituting default and consequences
7. Termination Provisions: Conditions and procedures for early termination
8. Representations and Warranties: Standard and specific declarations by both parties including regulatory compliance
9. Governing Law and Jurisdiction: Singapore law provisions and jurisdiction clauses
1. Credit Support Arrangements: Collateral requirements and management, to be included when parties require security for their obligations
2. Break Clauses: Optional termination rights at specific dates, included when parties want flexibility to terminate early
3. Tax Provisions: Specific tax treatment and gross-up obligations, particularly relevant for cross-border arrangements
4. Regulatory Compliance: Additional provisions for compliance with specific MAS requirements, included when one or both parties are regulated entities
1. Schedule 1 - Calculation Methods: Detailed methodology for calculating payments and determining market disruption events
2. Schedule 2 - Form of Confirmation: Template for trade confirmations compliant with MAS requirements
3. Schedule 3 - Credit Support Document: Details of any collateral arrangements and margin requirements
4. Appendix A - Notice Details: Contact information for notices and communications
5. Appendix B - Account Details: Banking and payment account information
6. Appendix C - Regulatory Reporting Requirements: Specific reporting obligations under SFA and MAS guidelines
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