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Master Netting Agreement
"I need a Master Netting Agreement under Austrian law for our bank's derivatives trading operations with multiple European branches, including specific provisions for cross-border transactions and automated trading systems to be implemented by March 2025."
1. Parties: Identification of the contracting parties and their legal status
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Comprehensive definitions of terms used throughout the agreement
4. Scope of Agreement: Types of transactions and obligations covered by the netting arrangement
5. Netting Events: Circumstances triggering netting rights including default, termination, and settlement
6. Netting Methodology: Detailed procedures for calculating netted amounts and settlement obligations
7. Payment Obligations: Terms governing payment and settlement of netted amounts
8. Representations and Warranties: Standard and specific representations regarding capacity, authority, and enforceability
9. Events of Default: Comprehensive list of events constituting default under the agreement
10. Early Termination: Procedures and consequences of early termination
11. Set-off Rights: Rights to set off obligations against amounts owed
12. Governing Law and Jurisdiction: Choice of Austrian law and jurisdiction provisions
13. Notices: Communication procedures between parties
14. Miscellaneous: Standard boilerplate provisions including amendments, waivers, and severability
1. Multi-branch Provisions: Additional provisions for parties operating through multiple branches or offices
2. Tax Provisions: Specific tax-related provisions if significant tax implications exist
3. Credit Support Arrangements: Provisions regarding collateral or other credit support if applicable
4. Special Entity Provisions: Additional provisions for regulated entities or special status parties
5. Foreign Exchange Transactions: Specific provisions for FX transactions if included in scope
6. Electronic Trading Provisions: Provisions for electronically executed transactions if relevant
1. Schedule 1 - Covered Transactions: Detailed list of transaction types covered by the agreement
2. Schedule 2 - Form of Confirmation: Standard form for confirming individual transactions
3. Schedule 3 - Contact Details: Contact information for notices and communications
4. Schedule 4 - Calculation Agent Provisions: Detailed procedures for calculations and determinations
5. Appendix A - Standard Settlement Instructions: Payment and settlement instructions for each party
6. Appendix B - Eligible Currencies: List of currencies in which transactions may be denominated
7. Appendix C - Forms of Legal Opinions: Standard forms of legal opinions if required
Authors
Affected Party
Affiliate
Agreement
Automatic Early Termination
Business Day
Calculation Agent
Calculation Amount
Calculation Date
Calculation Period
Close-out Amount
Close-out Netting
Confirmation
Covered Transactions
Credit Support Document
Credit Support Provider
Default Interest
Default Rate
Defaulting Party
Early Termination Amount
Early Termination Date
Effective Date
Eligible Currency
Event of Default
Force Majeure Event
Governing Law
Insolvency Event
Insolvency Proceeding
Local Business Day
Master Agreement
Net Amount
Netting Date
Non-defaulting Party
Notice of Default
Obligations
Payment Date
Potential Event of Default
Reference Market-makers
Relevant Jurisdiction
Settlement Amount
Specified Condition
Specified Entity
Specified Indebtedness
Specified Transaction
Termination Currency
Termination Currency Equivalent
Termination Event
Threshold Amount
Transaction
Waiting Period
Recitals
Definitions
Scope
Netting
Payment Obligations
Representations and Warranties
Events of Default
Early Termination
Close-out Netting
Payment Netting
Set-off
Calculations
Interest
Conditions Precedent
Cross Default
Credit Support
Transfer
Notices
Amendments
Severability
Counterparts
Governing Law
Jurisdiction
Process Agent
Waiver of Immunity
No Third Party Rights
Costs and Expenses
Term and Termination
Confidentiality
Force Majeure
Assignment
Entire Agreement
Banking
Financial Services
Insurance
Investment Management
Corporate Treasury
Capital Markets
Asset Management
Securities Trading
Derivatives Trading
Risk Management
Legal
Treasury
Risk Management
Compliance
Trading
Operations
Credit Risk
Regulatory Reporting
Finance
Collateral Management
Chief Financial Officer
Treasury Manager
Risk Manager
Legal Counsel
Compliance Officer
Trading Manager
Operations Director
Credit Risk Officer
Regulatory Reporting Manager
Financial Controller
Head of Trading
Senior Legal Counsel
Chief Risk Officer
Treasury Operations Manager
Collateral Manager
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