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Security Loan Agreement
"I need a Security Loan Agreement under Austrian law for a fixed-term arrangement between our investment bank and a pension fund, covering government bonds with cash collateral, to commence in March 2025."
1. Parties: Identification of the lender and borrower, including their legal status and addresses
2. Background: Context of the agreement and general purpose of the security lending arrangement
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and interpretation rules
4. Loan of Securities: Core provisions regarding the lending of securities, including identification of securities and transfer mechanics
5. Delivery and Redelivery: Procedures and timing for the delivery of loaned securities and their return
6. Collateral Arrangements: Requirements for collateral, including type, value, maintenance, and margin calls
7. Fees and Payments: Lending fees, payment mechanics, and other financial considerations
8. Tax Provisions: Treatment of taxes, including withholding tax and manufactured payments
9. Representations and Warranties: Standard and specific representations and warranties from both parties
10. Events of Default: Definition of events of default and their consequences
11. Termination: Provisions for both ordinary and early termination of the agreement
12. Set-off Rights: Rights of set-off and netting arrangements
13. Governing Law and Jurisdiction: Confirmation of Austrian law governance and jurisdiction arrangements
14. Notices: Communication procedures and contact details
15. General Provisions: Standard boilerplate clauses including amendments, assignments, and severability
1. Agency Provisions: Required when either party is acting as agent for multiple principals
2. Third Party Rights: Needed when rights are to be conferred on third parties
3. Market Disruption: Provisions dealing with market disruption events, particularly relevant for listed securities
4. Electronic Trading Provisions: Required when securities lending will be conducted through electronic platforms
5. Custody Arrangements: Detailed provisions required when involving third-party custodians
6. Securities Distributions: Specific provisions for handling corporate actions and distributions during the loan period
7. Force Majeure: Extended provisions for force majeure events beyond standard termination provisions
1. Form of Loan Confirmation: Template for confirming individual security loan transactions
2. Eligible Securities: List and specifications of securities eligible for lending under the agreement
3. Eligible Collateral: Detailed specifications of acceptable collateral types and haircuts
4. Fee Schedule: Detailed breakdown of fees and calculation methodologies
5. Contact Details: Comprehensive list of contact information for various functions (operations, legal, etc.)
6. Required Documentation: List of supporting documents required from each party
7. Form of Tax Documentation: Templates for tax-related certifications and documents
8. Service Level Requirements: Operational procedures and timing requirements for transactions
Authors
Affiliate
Agency Agreement
Applicable Law
Approved Securities Exchange
Austrian Banking Act
Authorised Representative
Base Currency
Borrower
Borrowing Request
Business Day
Calculation Agent
Calculation Date
Close of Business
Collateral
Collateral Margin
Collateral Transfer
Confirmation
Corporate Action
Custodian
Default Interest
Default Market Value
Delivery Date
Distribution
Dividend
Eligible Collateral
Eligible Securities
Event of Default
Equivalent Collateral
Equivalent Securities
Exercise Date
Financial Instruments
Income
Income Payment Date
Interest Period
Lender
Lending Fee
Loan
Loan Date
Loaned Securities
Margin Call
Margin Percentage
Market Value
Minimum Loan Period
Notice of Default
Notification Time
Paying Agent
Payment Date
Potential Event of Default
Pricing Rate
Principal
Redelivery
Reference Price
Relevant Market
Securities
Securities Financing Transaction
Settlement Date
Settlement System
Substitute Securities
Tax Event
Term
Termination Date
Transaction
Transfer Date
Valuation Date
Voting Rights
Loan and Delivery
Collateral Requirements
Title Transfer
Rights and Obligations
Securities Transfer
Fee Payment
Margin Maintenance
Default Events
Termination Rights
Set-off Rights
Tax Provisions
Representations and Warranties
Corporate Actions
Market Disruption
Force Majeure
Indemnification
Confidentiality
Assignment and Transfer
Notices
Amendments
Waiver
Severability
Electronic Trading
Agency Provisions
Custody Arrangements
Governing Law
Dispute Resolution
Further Assurance
Entire Agreement
Banking
Investment Management
Securities Trading
Asset Management
Financial Services
Investment Banking
Hedge Funds
Pension Funds
Insurance
Wealth Management
Legal
Compliance
Risk Management
Securities Trading
Operations
Settlement
Custody
Portfolio Management
Financial Control
Regulatory Reporting
Collateral Management
Investment Management
Legal Counsel
Securities Trading Manager
Compliance Officer
Risk Manager
Portfolio Manager
Operations Manager
Collateral Manager
Securities Lending Specialist
Trading Desk Manager
Investment Officer
Financial Controller
Regulatory Reporting Officer
Settlement Officer
Custody Operations Manager
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