Credit Swap Agreements are essential risk management tools in U.S. financial markets, governed by federal securities laws and regulations. These agreements are used when entities need to manage or transfer credit exposure to other parties. A Credit Swap Agreement typically specifies credit events that trigger payments, premium payment schedules, settlement terms, and regulatory compliance requirements. The document must conform to ISDA standards while meeting U.S. regulatory requirements under Dodd-Frank and CFTC oversight.
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1. Parties: Identification of counterparties and their legal status
2. Background: Context and purpose of the credit swap agreement
3. Definitions: Key terms used throughout the agreement, including ISDA definitions
4. Credit Events: Specifications of triggering events and conditions that constitute a credit event
5. Settlement Terms: Methods and procedures for settlement following a credit event
6. Payment Obligations: Premium payments, calculation methods, and payment schedules
7. Representations and Warranties: Standard representations by each party regarding capacity and authority
8. Covenants: Ongoing obligations of the parties during the agreement term
9. Events of Default: Circumstances constituting default and resulting remedies
1. Early Termination: Terms and conditions for early contract termination, including calculation of termination amounts
2. Credit Support Arrangements: Collateral requirements, eligible collateral, and valuation procedures
3. Transfer Provisions: Terms governing assignment or transfer of rights and obligations
4. Tax Provisions: Specific tax considerations and gross-up obligations
1. Schedule 1 - Transaction Terms: Specific economic terms of the swap including reference entity, notional amount, and term
2. Schedule 2 - Credit Support Terms: Detailed collateral requirements, calculations, and eligible collateral types
3. Schedule 3 - Notice Information: Contact details and notice requirements for all parties
4. Appendix A - ISDA Definitions: Referenced ISDA definitions and terms applicable to the agreement
5. Appendix B - Form of Confirmation: Template for transaction confirmations under the agreement
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