The Master Repurchase Agreement serves as the primary documentation for parties engaging in repurchase transactions in the Danish market. This agreement is essential for financial institutions and corporations conducting securities financing transactions, providing a standardized framework while incorporating specific Danish legal requirements and relevant EU regulations. The document covers crucial aspects such as transaction initiation, margin maintenance, default scenarios, and close-out procedures. It is particularly important for parties seeking to establish a long-term relationship for multiple repo transactions, offering legal certainty and operational efficiency. The agreement includes specific provisions addressing Danish law requirements regarding financial collateral, netting arrangements, and insolvency proceedings, while maintaining compatibility with international market practices.
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Key Requirements PROMPT example:
Master Repurchase Agreement
Need a Danish law Master Repurchase Agreement for our investment bank to conduct repo transactions with pension funds, with specific provisions for government bonds and mortgage-backed securities, including agency provisions as we often act on behalf of our clients.
1. Parties: Identification of the contracting parties and their legal status
2. Background: Context of the agreement and general purpose of entering into repo transactions
3. Definitions: Comprehensive list of defined terms used throughout the agreement
4. Scope and Application: Outline of the types of transactions covered and application of the agreement
5. Initiation and Confirmation: Procedures for entering into individual repo transactions and confirmation requirements
6. Margin Maintenance: Rules for calculating, delivering and maintaining margin
7. Income Payments: Treatment of income received on purchased securities during the transaction
8. Payment and Transfer: Mechanics of payments and securities transfers
9. Representations and Warranties: Standard representations and warranties from both parties
10. Events of Default: Definition of events of default and consequences
11. Close-out and Netting: Procedures for early termination and calculation of close-out amounts
12. Tax Event: Consequences of tax events and gross-up obligations
13. Notices and Other Communications: Communication procedures between parties
14. Governing Law and Jurisdiction: Danish law as governing law and jurisdiction provisions
15. Miscellaneous: Standard boilerplate provisions including amendments, waivers, and severability
1. Agency Provisions: Required when one or both parties act as agent for third parties
2. Buy/Sell Back Transactions: Include when parties wish to enter into buy/sell back transactions
3. Settlement Systems: Required when using specific settlement systems or clearing houses
4. Forward Transactions: Include when parties intend to enter into forward repo transactions
5. Late Settlement: Optional provisions for handling late settlements
6. mini close-out: Optional provisions for dealing with fails on individual transactions
7. Interest Rate Adjustments: Optional provisions for adjusting pricing rate in specific circumstances
1. Schedule 1 - Form of Confirmation: Standard form for transaction confirmations
2. Schedule 2 - Eligible Securities: List of securities acceptable as collateral and any restrictions
3. Schedule 3 - Margin Calculations: Detailed methodology for margin calculations and maintenance
4. Schedule 4 - Agency Terms: Detailed terms for agency transactions if applicable
5. Schedule 5 - Buy/Sell Back Terms: Supplemental terms for buy/sell back transactions
6. Schedule 6 - Notice Details: Contact information and notice requirements for both parties
7. Appendix A - Power of Attorney: Standard form of power of attorney if required
8. Appendix B - Electronic Messaging: Terms for electronic communications and trading platforms
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Investment Management
Insurance
Securities Trading
Asset Management
Treasury Services
Public Sector Finance
Corporate Finance
Capital Markets
Relevant Teams
Legal
Treasury
Trading
Compliance
Risk Management
Operations
Financial Control
Investment Management
Portfolio Management
Collateral Management
Documentation
Securities Operations
Relevant Roles
Treasury Manager
REPO Trader
Securities Trading Officer
Legal Counsel
Compliance Officer
Risk Manager
Financial Controller
Investment Manager
Portfolio Manager
Collateral Manager
Trading Operations Manager
Chief Financial Officer
Head of Fixed Income
Documentation Specialist
Securities Operations Officer
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