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Master Netting Agreement
I need a Master Netting Agreement under Swiss law for a bilateral trading relationship between our bank and a German investment firm, covering derivatives and securities lending transactions, with specific provisions for cross-border enforceability.
1. Parties: Identification of the contracting parties and their legal status
2. Background: Context of the agreement and the parties' trading relationship
3. Definitions: Comprehensive definitions of terms used throughout the agreement
4. Scope of Agreement: Description of transactions and obligations covered by the netting arrangement
5. Netting of Payment Obligations: Mechanisms and procedures for payment netting
6. Close-out Netting: Procedures for early termination and close-out netting calculations
7. Set-off Rights: Rights of set-off and conditions for their exercise
8. Events of Default: Definition of events triggering close-out netting rights
9. Early Termination: Procedures and consequences of early termination
10. Calculations and Determinations: Methods for calculating net amounts and determining values
11. Representations and Warranties: Standard legal confirmations from each party
12. Governing Law and Jurisdiction: Choice of Swiss law and jurisdiction provisions
13. Notices: Communication procedures between parties
14. Miscellaneous: Standard boilerplate provisions including severability, amendments, etc.
1. Multi-branch Provisions: Special provisions for parties operating through multiple branches or offices
2. Third Party Rights: Provisions regarding rights of third parties, if applicable
3. Special Entity Provisions: Additional provisions for regulated entities or specific types of institutions
4. Credit Support Arrangements: Provisions relating to collateral and margin requirements
5. Cross-Default: Provisions linking defaults under other agreements
6. Tax Provisions: Specific tax-related provisions and allocations of tax risk
7. Foreign Exchange Transactions: Special provisions for FX transactions if they form part of the agreement
1. Schedule 1 - Specified Entities: List of affiliated entities covered by the agreement
2. Schedule 2 - Covered Transactions: Detailed list of transaction types subject to netting
3. Schedule 3 - Contact Details: Contact information for notices and communications
4. Schedule 4 - Form of Confirmation: Standard form for confirming individual transactions
5. Appendix A - Credit Support Documentation: Forms and procedures for credit support arrangements
6. Appendix B - Local Law Provisions: Specific provisions required under Swiss law
7. Appendix C - Special Conditions: Any special conditions agreed between the parties
Authors
Automatic Early Termination
Base Currency
Business Day
Close-out Amount
Confirmation
Credit Support Document
Credit Support Provider
Default Rate
Defaulting Party
Early Termination Date
Early Termination Amount
Event of Default
Governing Law
Interest Period
Local Business Day
Master Agreement
Netting
Non-defaulting Party
Notice of Early Termination
Office
Potential Event of Default
Reference Market-makers
Relevant Jurisdiction
Scheduled Settlement Date
Set-off Rights
Specified Entity
Specified Indebtedness
Specified Transaction
Stamp Tax
Tax
Termination Currency
Termination Currency Equivalent
Threshold Amount
Transaction
Waiting Period
Swiss Business Day
FINMA Requirements
Swiss Bankruptcy Event
Close-out Netting Rights
Payment Netting
Settlement Netting
Swiss Court
Swiss Insolvency Proceedings
Swiss Law Requirements
Swiss Regulatory Authority
Material Adverse Effect
Credit Support Balance
Custodian
Eligible Credit Support
Exposure
Transfer
Definitions
Payment Netting
Close-out Netting
Set-off Rights
Events of Default
Early Termination
Calculation and Payments
Representations and Warranties
Covenants
Transfer Restrictions
Notices
Governing Law
Jurisdiction
Process Agent
Third Party Rights
Amendments
Severability
Counterparts
Default Interest
Currency Provisions
Tax Provisions
Regulatory Compliance
Credit Support
Documentation Requirements
Dispute Resolution
Force Majeure
Termination Events
Cross-Default
Assignment
Confidentiality
Entire Agreement
No Waiver
Survival
Recording of Communications
Costs and Expenses
Banking
Financial Services
Investment Management
Insurance
Securities Trading
Asset Management
Corporate Treasury
Financial Technology
Commodities Trading
Investment Banking
Legal
Risk Management
Compliance
Treasury
Trading
Operations
Credit Risk
Documentation
Regulatory Affairs
Financial Control
Deal Management
Transaction Services
Portfolio Management
Legal Counsel
Risk Manager
Compliance Officer
Treasury Manager
Chief Financial Officer
Trading Manager
Operations Director
Credit Risk Officer
Legal Director
Regulatory Compliance Manager
Financial Controller
Head of Trading
Head of Operations
Chief Risk Officer
Documentation Manager
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