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Credit Default Swap Agreement
"I need a Credit Default Swap Agreement for a Saudi Arabian bank acting as protection buyer, seeking coverage against default of a major real estate developer, with physical settlement option and enhanced Shariah compliance provisions to be effective from March 2025."
1. Parties: Identifies the protection buyer and protection seller, including their legal details and regulatory status
2. Background: Sets out the context of the agreement and confirms Shariah compliance intention
3. Definitions: Defines key terms used throughout the agreement, including credit events, reference obligations, and calculation methods
4. Credit Protection Terms: Details the credit protection mechanism, including credit events, obligations, and conditions for payment
5. Payment Provisions: Specifies premium payments, calculation periods, and settlement procedures
6. Credit Event Notice and Settlement: Procedures for notifying credit events and determining settlement amounts
7. Representations and Warranties: Standard and Shariah-specific representations from both parties
8. Events of Default: Circumstances constituting default and corresponding remedies
9. Early Termination: Conditions and procedures for early termination
10. Shariah Compliance: Specific provisions ensuring compliance with Islamic finance principles
11. Transfer and Assignment: Rules governing transfer of rights and obligations
12. Notices: Communication procedures between parties
13. Governing Law and Jurisdiction: Confirms Saudi Arabian law as governing law and jurisdiction details
1. Multiple Reference Entities: Additional provisions for deals involving multiple reference entities
2. Succession Events: Procedures for handling corporate reorganizations of reference entities
3. Additional Termination Events: Specific circumstances triggering termination beyond standard events
4. Credit Support Arrangements: Collateral and margin requirements if applicable
5. Third Party Rights: Rights of reference entities or other third parties
6. Special Purpose Vehicle Provisions: Additional terms when using an SPV structure
7. Tax Provisions: Specific tax treatments and gross-up obligations
1. Schedule 1: Reference Entity Information: Details of the reference entity and reference obligations
2. Schedule 2: Credit Events: Detailed definitions and procedures for each applicable credit event
3. Schedule 3: Settlement Terms: Detailed settlement procedures and valuation methods
4. Schedule 4: Premium Calculation: Formula and methods for calculating premium payments
5. Schedule 5: Form of Credit Event Notice: Standard form for credit event notifications
6. Schedule 6: Form of Notice of Physical Settlement: Standard form for physical settlement notices
7. Appendix A: Shariah Approval: Shariah board approval and compliance certification
8. Appendix B: Standard Terms Supplement: Industry standard terms incorporated by reference
Authors
Affiliate
Agreement Date
Bankruptcy
Business Day
Calculation Agent
Calculation Amount
Calculation Period
Credit Event
Credit Event Notice
Credit Protection Period
Default Rate
Early Termination Date
Effective Date
Eligible Transferee
Event of Default
Exercise Cut-off Date
Extension Date
Failure to Pay
Fixed Amount
Fixed Rate
Fixed Rate Payer
Fixed Rate Payer Payment Date
Floating Rate Payer
Governmental Authority
Grace Period
Grace Period Business Day
Islamic Financial Institution
Notice Delivery Period
Notice of Physical Settlement
Obligation
Payment Date
Physical Settlement
Protection Buyer
Protection Seller
Reference Entity
Reference Obligation
Regulatory Event
Relevant Jurisdiction
Restructuring
SAMA
Scheduled Termination Date
Settlement Date
Settlement Method
Shariah Board
Shariah Compliance
Specified Currency
Successor
Termination Currency
Transaction
Transferred Obligation
Trigger Event
Definitions and Interpretation
Credit Events
Payment Obligations
Settlement Terms
Conditions Precedent
Representations and Warranties
Events of Default
Early Termination
Physical Settlement
Cash Settlement
Calculation Agent Provisions
Shariah Compliance
Assignment and Transfer
Regulatory Compliance
Governing Law and Jurisdiction
Dispute Resolution
Notices
Confidentiality
Force Majeure
Amendments
Severability
Successors and Assigns
Costs and Expenses
Entire Agreement
Counterparts
Term and Termination
Credit Support
Tax Provisions
Reference Obligation Terms
Documentation Requirements
Banking
Financial Services
Islamic Finance
Insurance
Investment Management
Corporate Finance
Energy
Real Estate
Infrastructure
Government and Public Sector
Legal
Risk Management
Treasury
Compliance
Islamic Banking
Trading
Operations
Credit Analysis
Documentation
Finance
Regulatory Reporting
Product Development
Chief Risk Officer
Head of Treasury
Islamic Finance Specialist
Legal Counsel
Compliance Officer
Credit Risk Manager
Derivatives Trader
Shariah Compliance Officer
Investment Manager
Financial Controller
Structured Products Manager
Documentation Specialist
Risk Analyst
Treasury Operations Manager
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