Credit Default Swap Agreement for Malta

Credit Default Swap Agreement Template for Malta

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Credit Default Swap Agreement

"I need a Credit Default Swap Agreement under Maltese law for a five-year protection arrangement starting March 2025, where my investment firm will be the protection buyer seeking coverage against default of government bonds, with quarterly premium payments and physical settlement options."

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What is a Credit Default Swap Agreement?

The Credit Default Swap Agreement serves as a critical risk management tool in financial markets, allowing institutions to transfer and manage credit risk exposure. This document template is specifically designed for use under Maltese law, incorporating both domestic financial services legislation and European Union requirements, particularly EMIR and other relevant EU regulations. The agreement is typically employed when parties seek to establish a framework for credit default protection, whether for hedging purposes or as part of investment strategies. It contains detailed provisions covering credit events, settlement procedures, payment obligations, and early termination rights, while also addressing collateral requirements and regulatory reporting obligations. The document is structured to accommodate both single-name and portfolio credit default swaps, making it versatile for various transaction types while ensuring compliance with Maltese and EU regulatory frameworks.

What sections should be included in a Credit Default Swap Agreement?

1. Parties: Identifies and defines the protection buyer, protection seller, and any other relevant parties to the agreement

2. Background: Sets out the context and purpose of the agreement, including the parties' intentions to enter into credit default swap transactions

3. Definitions: Comprehensive definitions of terms used throughout the agreement, including specific credit derivative terms

4. Transaction Terms: Core economic terms including notional amount, fixed rate, reference obligation, and term of the swap

5. Credit Events: Detailed specification of triggering events (bankruptcy, failure to pay, restructuring, etc.) that activate the protection

6. Settlement: Mechanisms and procedures for settlement following a credit event, including calculation methods and timing

7. Premium Payments: Terms regarding the payment of premiums, including amount, frequency, and calculation methods

8. Representations and Warranties: Standard and transaction-specific representations and warranties from each party

9. Covenants: Ongoing obligations of the parties during the term of the agreement

10. Events of Default: Circumstances that constitute default under the agreement and corresponding remedies

11. Early Termination: Conditions and procedures for early termination, including calculation of termination amounts

12. Transfer and Assignment: Terms governing the transfer of rights and obligations under the agreement

13. Notices: Procedures for delivering notices and other communications between parties

14. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes

What sections are optional to include in a Credit Default Swap Agreement?

1. Credit Support Arrangements: Include when parties require collateral posting or other credit support mechanisms

2. Additional Termination Events: Include when parties agree to specific circumstances that trigger termination beyond standard events

3. Tax Provisions: Include when parties need specific tax arrangements or gross-up provisions

4. Multiple Reference Entities: Include when the CDS covers multiple reference entities

5. Successor Provisions: Include when detailed provisions for handling corporate successions are needed

6. Break Clauses: Include when parties want the ability to terminate on specific dates without a credit event

7. Market Quotation Mechanisms: Include when parties want specific procedures for determining market value in termination scenarios

What schedules should be included in a Credit Default Swap Agreement?

1. Schedule 1: Transaction Confirmation: Template and terms for confirming individual CDS transactions

2. Schedule 2: Reference Entity and Obligation Details: Detailed information about the reference entity and obligations

3. Schedule 3: Credit Support Terms: Specific terms and calculations for credit support requirements

4. Schedule 4: Notice Details: Contact information and procedures for various types of notices

5. Appendix A: Standard Credit Default Swap Terms: Standard definitions and terms from ISDA or other relevant bodies

6. Appendix B: Settlement Procedures: Detailed procedures for different settlement methods

7. Appendix C: Form of Notice: Standard forms for credit event notices, physical settlement notices, etc.

8. Appendix D: Calculation Agent Provisions: Detailed terms regarding the role and responsibilities of the calculation agent

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Insurance

Investment Management

Asset Management

Corporate Treasury

Investment Banking

Risk Management

Hedge Funds

Private Equity

Relevant Teams

Legal

Risk Management

Trading

Compliance

Operations

Treasury

Credit Analysis

Documentation

Financial Control

Structured Products

Market Risk

Trading Operations

Relevant Roles

Chief Risk Officer

Credit Risk Manager

Derivatives Trader

Legal Counsel

Compliance Officer

Portfolio Manager

Investment Director

Treasury Manager

Credit Analyst

Structured Products Manager

Financial Controller

Operations Manager

Documentation Specialist

Risk Analyst

Trading Operations Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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