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1. Parties: Identification of the parties entering into the loss share agreement
2. Background: Context of the agreement, including the transaction or relationship giving rise to the loss sharing arrangement
3. Definitions: Detailed definitions of key terms, including 'Covered Assets', 'Loss', 'Shared-Loss', 'Recovery', and other technical terms
4. Scope of Agreement: Definition of assets covered by the loss share arrangement and any explicit exclusions
5. Loss Share Mechanism: Core terms defining how losses will be shared, including percentages, thresholds, and caps
6. Calculation of Losses: Methodology for calculating losses, including timing of recognition and valuation methods
7. Claims Process: Procedures for submitting, documenting, and validating loss claims
8. Payment Terms: Timing and method of loss share payments between parties
9. Reporting Requirements: Regular reporting obligations regarding covered assets and losses
10. Record Keeping: Requirements for maintaining records of covered assets and losses
11. Representations and Warranties: Standard representations and warranties from both parties
12. Term and Termination: Duration of the agreement and circumstances for early termination
13. Dispute Resolution: Procedures for resolving disagreements between parties
14. Confidentiality: Provisions regarding confidential treatment of information
15. General Provisions: Standard boilerplate provisions including notices, amendments, governing law, etc.
1. Regulatory Compliance: Required when either party is subject to specific regulatory oversight or when the agreement needs to comply with particular regulatory requirements
2. Third-Party Servicer Provisions: Needed when a third party is involved in servicing the covered assets
3. Special Asset Classes: Required when specific asset classes need unique treatment or calculation methods
4. True-Up Mechanism: Optional section for periodic reconciliation of estimated versus actual losses
5. Audit Rights: Detailed audit provisions when enhanced oversight is required
6. Recovery Sharing: Provisions for sharing recoveries on previously claimed losses, if applicable
7. Change in Law Provisions: Required when regulatory changes could significantly impact the agreement
8. Cross-Border Provisions: Needed when the agreement involves assets or parties in multiple jurisdictions
1. Schedule A - Covered Asset Schedule: Detailed listing of all assets covered under the agreement
2. Schedule B - Loss Calculation Methodology: Detailed mathematical formulas and examples for loss calculations
3. Schedule C - Claims Documentation Requirements: Specific requirements for supporting documentation for loss claims
4. Schedule D - Reporting Templates: Standard formats for required regular reports
5. Schedule E - Service Level Requirements: Operational requirements and timelines for claims processing
6. Schedule F - Excluded Assets: Specific listing of assets explicitly excluded from coverage
7. Appendix 1 - Form of Monthly Report: Template for monthly reporting requirements
8. Appendix 2 - Form of Loss Claim: Standard form for submitting loss claims
9. Appendix 3 - Contact Information: List of key contacts and escalation procedures
Accrued Interest
Acquired Assets
Acquiring Institution
Affiliate
Applicable Percentage
Asset Value
Baseline Value
Book Value
Business Day
Charge-Off
Claim Period
Covered Assets
Covered Loss
Cumulative Loss
Cut-off Date
Default
Deficiency
Effective Date
Excluded Assets
Failed Institution
Fair Market Value
First Loss Tranche
Foreclosure Loss
GAAP
Holding Period
IFRS
Indemnification Payment
Loss Share Portfolio
Loss Threshold
Loss
Material
Net Loss Amount
Net Present Value
Net Recoveries
Non-accrual
Notice of Claims
OSFI
Payment Date
Permitted Advances
Portfolio Value
Quarterly Certificate
Quarterly Loss Amount
Quarterly Report
Recovery Period
Recovery
Reference Rate
Reimbursable Expenses
Related Interest
Repurchase Price
Resolution Date
Shared-Loss Amount
Shared-Loss Asset
Shared-Loss Payment Trigger
Shared-Loss Quarter
Sharing Arrangement
Short-Sale Loss
Termination Date
Third-Party Servicer
Total Loss Threshold
Transfer Date
True-Up Payment
Valuation Date
Definitions
Interpretation
Term and Termination
Loss Share Calculations
Payment Obligations
Asset Coverage
Reporting Requirements
Claims Process
Recovery Rights
Representations and Warranties
Covenants
Record Keeping
Audit Rights
Dispute Resolution
Confidentiality
Data Protection
Regulatory Compliance
Force Majeure
Assignment and Transfer
Notices
Amendment and Waiver
Severability
Entire Agreement
Governing Law
Jurisdiction
Third Party Rights
Counterparts
Service Level Requirements
Indemnification
Asset Management
True-Up Provisions
Default and Remedies
Information Rights
Asset Valuation
Excluded Assets
Change in Law
Compliance with Laws
Books and Records
Anti-Money Laundering
Further Assurance
Banking
Financial Services
Insurance
Asset Management
Investment Banking
Real Estate
Private Equity
Government & Public Sector
Mergers & Acquisitions
Distressed Asset Management
Legal
Risk Management
Finance
Compliance
Treasury
Credit Risk
Portfolio Management
Regulatory Affairs
Asset Management
Due Diligence
Financial Control
Investment
Operations
Chief Risk Officer
Chief Financial Officer
Portfolio Manager
Risk Management Director
Legal Counsel
Compliance Officer
Asset Manager
Investment Director
Treasury Manager
Financial Controller
Due Diligence Manager
Transaction Manager
Credit Risk Analyst
Portfolio Analyst
Regulatory Compliance Manager
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