The Equity Linked Agreement serves as a crucial legal framework for transactions where financial obligations are tied to equity performance. It is primarily used when parties wish to create exposure to equity markets without direct ownership of the underlying securities, or for hedging purposes. The agreement must comply with Danish legal requirements, including the Danish Financial Business Act and Capital Markets Act, as well as relevant EU regulations implemented in Danish law. It contains detailed provisions for calculating payments based on equity performance, handling market disruptions, and managing early termination scenarios. This document type is particularly relevant for financial institutions, investment firms, and corporate entities operating in Denmark who need to document complex equity-linked financial transactions while ensuring regulatory compliance.
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Key Requirements PROMPT example:
Equity Linked Agreement
I need an Equity Linked Agreement governed by Danish law for a transaction between our investment bank and a Danish pension fund, linking payments to a basket of Nordic stock indices with quarterly settlement dates starting March 2025.
1. Parties: Identification of the contracting parties, including their legal status and registration details
2. Background: Context of the agreement, including the purpose and basic structure of the equity-linked arrangement
3. Definitions and Interpretation: Definitions of key terms, calculation periods, business days, and interpretation rules
4. Structure of the Agreement: Overview of the equity-linked mechanism, reference assets, and payment obligations
5. Calculation and Valuation: Detailed provisions for calculating payments, including reference price, adjustments, and valuation methods
6. Payment Terms: Timing and mechanics of payments, payment calculations, and currency provisions
7. Market Disruption Events: Provisions dealing with market disruption, including fallback mechanisms and adjustment procedures
8. Representations and Warranties: Standard and specific representations regarding capacity, authority, and regulatory compliance
9. Covenants: Ongoing obligations of the parties, including information provision and regulatory compliance
10. Events of Default: Circumstances constituting default and corresponding remedies
11. Early Termination: Provisions for early termination, including calculation of termination amounts
12. Governing Law and Jurisdiction: Choice of Danish law and jurisdiction provisions
1. Credit Support Arrangements: Optional provisions for collateral or guarantee arrangements, used when credit risk mitigation is required
2. Tax Provisions: Detailed tax provisions and gross-up obligations, included when tax implications are material
3. Transfer Restrictions: Restrictions on transfer of rights and obligations, included for longer-term or complex arrangements
4. Break Clauses: Optional termination rights at specified dates, included when flexibility is required
5. Market-Making Provisions: Provisions for secondary market making, included for more liquid instruments
6. Regulatory Compliance: Additional regulatory compliance provisions, included when parties are subject to specific regulatory regimes
1. Schedule 1 - Calculation Methods: Detailed mathematical formulae and calculation methodologies for equity-linked returns
2. Schedule 2 - Reference Assets: Details of the underlying equity instruments, including ISIN codes and relevant exchanges
3. Schedule 3 - Form of Notices: Standard forms for various notices required under the agreement
4. Schedule 4 - Market Disruption Fallbacks: Detailed procedures for different types of market disruption events
5. Appendix A - Transaction Confirmation: Template for confirming specific transactions under the agreement
6. Appendix B - Account Details: Payment and settlement account details for both parties
7. Appendix C - Authorized Persons: List of persons authorized to act on behalf of each party
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Investment Management
Insurance
Asset Management
Corporate Finance
Capital Markets
Wealth Management
Pension Fund Management
Private Equity
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Trading
Investment
Product Development
Operations
Documentation
Deal Management
Structured Products
Portfolio Management
Relevant Roles
Legal Counsel
Financial Director
Investment Manager
Risk Manager
Compliance Officer
Treasury Manager
Portfolio Manager
Structured Products Specialist
Trading Director
Chief Investment Officer
Chief Financial Officer
Legal Director
Investment Analyst
Product Development Manager
Derivatives Specialist
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