The Credit Enhancement Agreement is essential in financial transactions where additional credit support is needed to improve the creditworthiness of an obligation or transaction. It is commonly used in the United States for structured finance, project finance, and general corporate financing arrangements. The agreement specifies the type of enhancement (such as guarantees, letters of credit, or cash collateral), triggering events, payment mechanisms, and compliance requirements under US federal and state regulations. This document is particularly crucial when dealing with complex financial structures or when lenders require additional security beyond the primary obligation.
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1. Parties: Identification of credit enhancer and beneficiary
2. Background: Context of the underlying transaction and purpose of enhancement
3. Definitions: Key terms used throughout the agreement
4. Nature of Enhancement: Specific type and scope of credit enhancement being provided
5. Terms and Conditions: Conditions precedent and ongoing requirements
6. Payment Terms: Fee structure and payment obligations
7. Events of Default: Circumstances triggering default and remedies
1. Collateral Provisions: Detailed provisions for when credit enhancement is backed by specific assets
2. Regulatory Compliance: Specific regulatory requirements for transactions involving regulated entities
3. Step-In Rights: Provisions for rights to assume control of underlying assets in project finance or asset-based transactions
1. Schedule of Fees: Detailed breakdown of enhancement fees and charges
2. Form of Notice: Standard form for making demands under the enhancement
3. Underlying Transaction Documents: Key documents related to the transaction being enhanced
4. Compliance Certificates: Forms for periodic compliance certification
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