The Credit Support Agreement is essential for financial market participants operating under Danish law who need to manage counterparty risk in their financial transactions. This document is typically used in conjunction with master trading agreements or standalone financial arrangements where collateral needs to be posted and managed. It details the operational and legal framework for collateral transfers, valuation, and enforcement, ensuring compliance with Danish financial regulations and the EU Financial Collateral Directive. The agreement is particularly crucial in derivatives trading, securities lending, and other financial transactions where parties need to secure their exposures. It incorporates specific Danish legal requirements while maintaining alignment with international market practices, making it suitable for both domestic and cross-border transactions.
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Key Requirements PROMPT example:
Credit Support Agreement
I need a Credit Support Agreement under Danish law for a bilateral arrangement between our investment firm and a major Danish bank, with provisions for both cash and government securities as eligible collateral, to be effective from March 1, 2025.
1. Parties: Identification of the parties entering into the agreement, including their full legal names, registration numbers, and addresses
2. Background: Context of the agreement, reference to any master agreement, and purpose of the credit support arrangement
3. Definitions: Detailed definitions of terms used throughout the agreement, including financial terms, calculation methodologies, and specific Danish law concepts
4. Credit Support Obligations: Core provisions detailing the obligations to provide credit support, including transfer timing and conditions
5. Valuation and Calculations: Methods for calculating exposure, collateral value, and margin requirements
6. Transfer Timing and Conditions: Specific requirements and timeframes for transferring collateral, including delivery methods
7. Custody and Rights: Provisions regarding holding of collateral, voting rights, and income payments
8. Events of Default: Circumstances constituting default and consequences thereof
9. Representations and Warranties: Standard and specific representations by each party regarding capacity, authority, and compliance
10. Tax Provisions: Treatment of tax matters related to collateral transfers and income
11. Governing Law and Jurisdiction: Explicit choice of Danish law and jurisdiction provisions
1. Interest Provisions: Optional section for when interest is to be paid on cash collateral
2. Eligible Collateral Schedule: Optional section when multiple types of collateral are acceptable and need specific treatment
3. Third Party Security Provider Provisions: Required when collateral may be provided by entities other than the primary counterparty
4. Special Danish Law Provisions: Additional provisions specific to Danish law requirements when dealing with certain types of entities or collateral
5. Dispute Resolution: Optional detailed dispute resolution procedures beyond standard jurisdiction clause
6. Agency Provisions: Required when any party is acting as agent for other entities
1. Schedule 1 - Eligible Collateral: Detailed list of acceptable collateral types and associated valuation percentages
2. Schedule 2 - Transfer Specifications: Details of bank accounts, securities accounts and transfer procedures
3. Schedule 3 - Valuation Procedures: Detailed procedures for valuing different types of collateral
4. Schedule 4 - Contact Details: List of authorized persons and contact information for notices and transfers
5. Appendix A - Forms of Notice: Standard forms for margin calls, transfer notices and other communications
6. Appendix B - Custody Arrangements: Detailed procedures for holding and managing collateral
7. Appendix C - Tax Documentation: Required tax forms and procedures for tax-related matters
Authors
Relevant legal definitions
Adjustment Delivery Amount
Base Currency
Base Currency Equivalent
Business Day
Calculation Agent
Calculation Date
Call Amount
Credit Support
Credit Support Amount
Credit Support Balance
Credit Support Provider
Credit Support Receiver
Custodian
Default
Delivery Amount
Delivery Date
Eligible Collateral
Eligible Credit Support
Encumbrance
Events of Default
Exposure
Financial Instruments
Fitch
Governmental Authority
Independent Amount
Interest Amount
Interest Period
Interest Rate
Local Business Day
Minimum Transfer Amount
Moody's
Notification Time
Posted Collateral
Recalculation Date
Reference Market-makers
Return Amount
Return Date
S&P
Security Interest
Settlement Day
Specified Condition
Substitute Credit Support
Transfer
Valuation Agent
Valuation Date
Valuation Percentage
Valuation Time
Value
Danish Business Day
Danish Financial Supervisory Authority
Danish Law Event
Danish Market Practice
Danish Banking Day
VP Securities
Danish Custody Requirements
Danish Insolvency Event
Base Currency
Base Currency Equivalent
Business Day
Calculation Agent
Calculation Date
Call Amount
Credit Support
Credit Support Amount
Credit Support Balance
Credit Support Provider
Credit Support Receiver
Custodian
Default
Delivery Amount
Delivery Date
Eligible Collateral
Eligible Credit Support
Encumbrance
Events of Default
Exposure
Financial Instruments
Fitch
Governmental Authority
Independent Amount
Interest Amount
Interest Period
Interest Rate
Local Business Day
Minimum Transfer Amount
Moody's
Notification Time
Posted Collateral
Recalculation Date
Reference Market-makers
Return Amount
Return Date
S&P
Security Interest
Settlement Day
Specified Condition
Substitute Credit Support
Transfer
Valuation Agent
Valuation Date
Valuation Percentage
Valuation Time
Value
Danish Business Day
Danish Financial Supervisory Authority
Danish Law Event
Danish Market Practice
Danish Banking Day
VP Securities
Danish Custody Requirements
Danish Insolvency Event
Clauses
Parties
Definitions
Interpretation
Credit Support Obligations
Transfer Timing
Conditions Precedent
Representations
Warranties
Covenants
Valuation
Calculations
Dispute Resolution
Interest Provisions
Substitution Rights
Custody
Voting Rights
Income Payments
Default
Early Termination
Set-off Rights
Tax
Expenses
Notices
Assignment
Amendments
Severability
Entire Agreement
Counterparts
Governing Law
Jurisdiction
Regulatory Compliance
Force Majeure
Confidentiality
Security Interest
Enforcement Rights
Margin Maintenance
Eligible Collateral
Return Obligations
Records and Documentation
Third Party Rights
Definitions
Interpretation
Credit Support Obligations
Transfer Timing
Conditions Precedent
Representations
Warranties
Covenants
Valuation
Calculations
Dispute Resolution
Interest Provisions
Substitution Rights
Custody
Voting Rights
Income Payments
Default
Early Termination
Set-off Rights
Tax
Expenses
Notices
Assignment
Amendments
Severability
Entire Agreement
Counterparts
Governing Law
Jurisdiction
Regulatory Compliance
Force Majeure
Confidentiality
Security Interest
Enforcement Rights
Margin Maintenance
Eligible Collateral
Return Obligations
Records and Documentation
Third Party Rights
Relevant Industries
Financial Services
Banking
Insurance
Investment Management
Securities Trading
Asset Management
Corporate Treasury
Pension Management
Risk Management
Capital Markets
Financial Technology
Relevant Teams
Legal
Treasury
Risk Management
Compliance
Operations
Finance
Trading
Credit Risk
Documentation
Collateral Management
Securities Operations
Transaction Management
Relevant Roles
Legal Counsel
Treasury Manager
Risk Manager
Compliance Officer
Operations Director
Financial Controller
Collateral Manager
Trading Manager
Legal Director
Chief Financial Officer
Portfolio Manager
Credit Risk Officer
Documentation Specialist
Transaction Manager
Securities Operations Manager
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