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Security Loan Agreement
"I need a Securities Loan Agreement governed by Hong Kong law for a financial institution lending Hong Kong-listed equities to multiple hedge fund borrowers, with specific provisions for automated trading platforms and cross-border collateral arrangements."
1. Parties: Identification of the lender and borrower, including registration details and regulatory status
2. Background: Context of the agreement and general purpose of the securities lending arrangement
3. Definitions and Interpretation: Detailed definitions of terms used throughout the agreement and interpretation rules
4. Loan of Securities: Core provisions regarding the lending of securities, including process and conditions
5. Delivery of Securities: Procedures and requirements for the delivery of loaned securities
6. Collateral Requirements: Details of required collateral, including type, value, and maintenance requirements
7. Fees and Payments: Lending fees, payments, and other financial considerations
8. Rights and Obligations: Detailed responsibilities of each party during the loan period
9. Representations and Warranties: Standard and specific representations made by each party
10. Events of Default: Definition of default events and consequences
11. Termination: Conditions and process for terminating the agreement
12. Regulatory Compliance: Obligations to comply with relevant regulations and reporting requirements
13. Governing Law and Jurisdiction: Hong Kong law as governing law and jurisdiction details
14. Notices: Process and requirements for formal communications between parties
15. General Provisions: Standard boilerplate provisions including amendments, assignments, and severability
1. Tax Provisions: Specific tax considerations and obligations - include when cross-border elements exist
2. Multiple Parties: Additional provisions for multiple lenders or borrowers - include when more than two parties are involved
3. Agency Provisions: Provisions for when one party acts as agent - include when involving agency arrangements
4. Corporate Actions: Handling of dividends, voting rights, and other corporate actions - include for equity securities
5. Market Disruption: Provisions for market disruption events - include for volatile securities or markets
6. Netting Arrangements: Provisions for netting of obligations - include when parties have multiple transactions
7. Electronic Trading Platform: Provisions relating to electronic trading systems - include when using automated platforms
1. Schedule 1 - Eligible Securities: List and details of securities eligible for lending under the agreement
2. Schedule 2 - Eligible Collateral: Approved types of collateral and their respective haircuts
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, charges, and payment calculations
4. Schedule 4 - Operating Procedures: Detailed procedures for loans, recalls, and deliveries
5. Schedule 5 - Form of Loan Confirmation: Template for confirming individual loan transactions
6. Schedule 6 - Contact Details: Contact information for authorized representatives and notices
7. Schedule 7 - Supplemental Terms: Any jurisdiction-specific or special terms
8. Appendix A - Required Documentation: List of required supporting documents and regulatory filings
Authors
Agency Loan
Aggregate Transaction Exposure
Applicable Law
Approved Exchange
Authorised Representative
Available Securities
Base Currency
Business Day
Cash Collateral
Close of Business
Collateral
Collateral Margin
Collateral Value
Corporate Action
Default Market Value
Default Notice
Delivery Date
Designated Office
Distribution
Dividend
Equivalent Collateral
Equivalent Securities
Event of Default
Exercise Price
Financial Instruments
Income
Income Payment Date
Interest Period
Lending Fee
Loan
Loaned Securities
Margin Call
Margin Percentage
Market Value
Minimum Transfer Amount
Non-Cash Collateral
Notice of Default
Notification Time
Payment Date
Permitted Purpose
Posted Collateral
Proceedings
Rate of Return
Recall Notice
Relevant Payment Date
Required Collateral Value
Securities
Securities Lending Transaction
Settlement Date
Settlement System
SFC
Tax Event
Term
Termination Date
Termination Notice
Transaction
Transfer Date
Transferee
Transferor
Transferred Securities
Voting Rights
Collateral Requirements
Margin Maintenance
Fee Payment
Income and Corporate Actions
Tax
Representations and Warranties
Events of Default
Close-out and Set-off
Securities Redelivery
Market Disruption
Transfer Restrictions
Voting Rights
Indemnification
Confidentiality
Regulatory Compliance
Anti-Money Laundering
Force Majeure
Notices
Assignment and Transfer
Amendments
Governing Law
Dispute Resolution
Termination
Agency Provisions
Entire Agreement
Severability
Counterparts
Third Party Rights
Recording of Communications
Further Assurance
Costs and Expenses
Set-off Rights
Electronic Trading
Netting Arrangements
Financial Services
Investment Banking
Asset Management
Securities Trading
Hedge Funds
Private Banking
Institutional Banking
Capital Markets
Wealth Management
Investment Management
Legal
Compliance
Trading
Operations
Risk Management
Portfolio Management
Treasury
Securities Operations
Documentation
Settlement
Regulatory Affairs
Investment Management
Collateral Management
Securities Lending Manager
Trading Director
Compliance Officer
Legal Counsel
Risk Manager
Portfolio Manager
Operations Director
Collateral Manager
Investment Officer
Chief Investment Officer
Treasury Manager
Senior Trader
Regulatory Compliance Manager
Documentation Specialist
Settlement Officer
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