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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 arrangement giving rise to the loss sharing
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Scope of Loss Sharing: Definition of covered losses and assets subject to loss sharing
5. Loss Share Mechanics: Detailed methodology for calculating and allocating losses between parties
6. Claims Process: Procedures and requirements for submitting and processing loss claims
7. Payment Terms: Timeline and mechanics for loss share payments
8. Representations and Warranties: Standard representations and warranties from both parties
9. Reporting Requirements: Regular reporting obligations and documentation requirements
10. Audit and Verification Rights: Rights and procedures for verifying losses and claims
11. Dispute Resolution: Procedures for resolving disputes between parties
12. Term and Termination: Duration of the agreement and termination provisions
13. Confidentiality: Protection of confidential information shared under the agreement
14. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Regulatory Compliance: Specific provisions for compliance with banking or financial regulations, required when parties are regulated entities
2. Third Party Claims: Procedures for handling third party claims, needed when covered losses may involve third party actions
3. Asset Management Requirements: Specific requirements for managing covered assets, relevant for agreements involving ongoing asset management
4. Recovery Sharing: Provisions for sharing any recoveries on losses, important when recoveries are possible
5. Special Asset Categories: Specific provisions for particular asset types, needed when agreement covers diverse asset categories
6. Change in Law Provisions: Mechanisms for dealing with regulatory changes, important in long-term agreements
7. Tax Provisions: Specific tax-related provisions, needed when tax implications are significant
1. Schedule 1 - Covered Assets: Detailed list and description of assets subject to loss sharing
2. Schedule 2 - Loss Calculation Methodology: Detailed mathematical formulas and examples for loss calculations
3. Schedule 3 - Claims Documentation Requirements: Specific requirements for documentation supporting loss claims
4. Schedule 4 - Reporting Templates: Standard templates for required regular reporting
5. Schedule 5 - Loss Share Thresholds: Specific thresholds and percentages for loss sharing arrangements
6. Appendix A - Claim Forms: Standard forms for submitting loss share claims
7. Appendix B - Contact Details: Key contact information for both parties
8. Appendix C - Compliance Requirements: Detailed regulatory compliance requirements if applicable
Applicable Law
Asset Pool
Bank Negara Malaysia
Business Day
Claim Notice
Claim Period
Covered Assets
Covered Loss
Effective Date
Excluded Assets
First Loss Position
Loss Share Calculation
Loss Share Payment
Loss Share Percentage
Loss Threshold
Material Adverse Effect
Payment Date
Recovery Amount
Reference Period
Regulatory Authority
Related Party
Reporting Period
Settlement Date
Share Ratio
Termination Date
Transaction Documents
Valuation Date
Verification Process
Write-off
Recitals
Definitions
Loss Share Mechanism
Loss Calculation
Claims Process
Payment Terms
Reporting Requirements
Asset Coverage
Loss Thresholds
Recovery Rights
Representations and Warranties
Covenants
Audit Rights
Information Rights
Confidentiality
Regulatory Compliance
Record Keeping
Dispute Resolution
Governing Law
Force Majeure
Assignment
Notices
Amendment
Severability
Entire Agreement
Term and Termination
Indemnification
Waiver
Costs and Expenses
Banking
Financial Services
Insurance
Investment Management
Real Estate
Corporate Restructuring
Asset Management
Private Equity
Mergers and Acquisitions
Government and Public Sector
Legal
Finance
Risk Management
Compliance
Treasury
Corporate Development
Investment
Asset Management
Due Diligence
Corporate Finance
Portfolio Management
Credit Risk
Regulatory Affairs
Chief Financial Officer
Risk Manager
Legal Counsel
Compliance Officer
Financial Controller
Asset Manager
Investment Director
Treasury Manager
Corporate Finance Manager
Business Development Director
Chief Risk Officer
Portfolio Manager
Transaction Manager
Restructuring Specialist
Due Diligence Manager
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