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Security Lending Agreement
"I need a Securities Lending Agreement for use between our investment bank and multiple pension fund clients in the Philippines, with specific provisions for agency lending and tri-party collateral management arrangements."
1. Parties: Identification of the lender and borrower, including their complete legal names, addresses, and registration details
2. Background: Context of the agreement, including the parties' authority to enter into securities lending transactions
3. Definitions: Comprehensive definitions of technical terms used in the agreement, including 'Securities', 'Collateral', 'Distribution', 'Income', etc.
4. Loans of Securities: Core provisions governing the lending and borrowing of securities, including initiation and settlement procedures
5. Collateral Requirements: Details of acceptable collateral, maintenance margins, and valuation methodologies
6. Fees and Payments: Lending fees, payment schedules, and calculation methods
7. Rights and Obligations: Detailed responsibilities of each party, including maintenance of records and regulatory compliance
8. Corporate Actions: Handling of dividends, rights issues, and other corporate actions affecting borrowed securities
9. Events of Default: Definition of default events and consequences
10. Termination: Provisions for ending the agreement and individual loans, including close-out procedures
11. Representations and Warranties: Standard legal assurances from both parties
12. Indemnification: Provisions for compensating parties for losses
13. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction details
14. Notices: Communication procedures and contact details
15. General Provisions: Standard boilerplate clauses including amendments, assignments, and severability
1. Tri-Party Arrangements: Required when using a tri-party agent for collateral management
2. Foreign Securities: Include when the agreement covers cross-border lending of foreign securities
3. Electronic Trading Platform: Required when transactions will be conducted through specific electronic platforms
4. Tax Provisions: Detailed tax procedures when dealing with international parties or complex tax situations
5. Agency Lending: Required when the lender acts as an agent for multiple principals
6. Voting Rights: Specific arrangements for exercising voting rights on borrowed securities
7. Market Making Activities: Special provisions for borrowers engaging in market making
8. Regulatory Reporting: Additional reporting requirements for regulated entities
1. Schedule A - Eligible Securities: List of securities eligible for lending under the agreement
2. Schedule B - Eligible Collateral: Detailed list of acceptable collateral types and applicable haircuts
3. Schedule C - Fee Schedule: Detailed fee structure and calculation methodologies
4. Schedule D - Operating Procedures: Detailed procedures for borrowing/lending, returns, and corporate actions
5. Schedule E - Forms: Standard forms for borrowing requests, returns, and other notices
6. Schedule F - Authorized Persons: List of authorized signatories and traders
7. Schedule G - Market Practice: Specific Philippine market practices and requirements
8. Appendix 1 - Tax Documentation: Required tax forms and procedures
9. Appendix 2 - Regulatory Compliance: Compliance requirements under Philippine regulations
Authors
Affiliate
Agency Securities Lending Agreement
Applicable Law
Approved Securities
Automatic Termination
Banking Day
Borrower
Borrowing Request
Business Day
Buy-in
Cash Collateral
Close of Business
Collateral
Collateral Margin
Collateral Value
Corporate Actions
Default
Default Market Value
Delivery
Dividend
Equivalent Collateral
Equivalent Securities
Event of Default
Exercise Price
Income
Interest Rate
Lender
Lending Fee
Loan
Loaned Securities
Margin Call
Margin Percentage
Market Value
Manufactured Dividend
Non-Cash Collateral
Notice of Default
Notification Time
Payment Date
Performance
Philippine Peso
Posted Collateral
Recall Notice
Record Date
Reference Price
Regulated Activity
Relevant Market
Return Date
Return Notice
Securities
Securities and Exchange Commission
Settlement Date
Settlement System
Termination
Termination Notice
Trade Date
Transaction
Transfer
Valuation Date
Valuation Percentage
Valuation Time
Voting Rights
Securities Transfer
Collateral Requirements
Margin Maintenance
Fee Payment
Income and Corporate Actions
Tax Provisions
Voting Rights
Default Events
Termination
Set-off Rights
Representations and Warranties
Indemnification
Regulatory Compliance
Record Keeping
Confidentiality
Assignment
Amendment
Notices
Force Majeure
Governing Law
Dispute Resolution
Severability
Entire Agreement
Counterparts
Third Party Rights
Agency Provisions
Market Disruption
Electronic Trading
Settlement Procedures
Netting Arrangements
Anti-Money Laundering
Banking
Financial Services
Investment Management
Securities Trading
Asset Management
Brokerage Services
Investment Banking
Wealth Management
Insurance
Pension Fund Management
Legal
Compliance
Risk Management
Trading
Operations
Settlement
Custody
Portfolio Management
Treasury
Regulatory Affairs
Credit Risk
Investment Management
Collateral Management
Securities Lending Manager
Compliance Officer
Legal Counsel
Risk Manager
Trading Director
Portfolio Manager
Operations Manager
Custody Manager
Chief Investment Officer
Regulatory Affairs Director
Settlement Officer
Collateral Manager
Treasury Manager
Investment Officer
Credit Risk Analyst
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