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Margin Lending Agreement
1. Parties: Identification of the lender and borrower, including registration numbers and addresses
2. Background: Context of the agreement and general purpose of the margin lending facility
3. Definitions: Definitions of key terms used throughout the agreement, including financial and technical terms
4. Facility and Purpose: Details of the margin lending facility, including amount, purpose, and availability period
5. Margin Requirements: Core provisions regarding initial margin, maintenance margin, and margin calls
6. Collateral Arrangements: Requirements for posting collateral, eligible collateral types, and valuation methods
7. Interest and Fees: Interest calculation, payment terms, and applicable fees
8. Representations and Warranties: Standard and specific representations by the borrower
9. Covenants: Positive and negative undertakings by the borrower
10. Margin Calls and Valuation: Procedures for margin calls, timing, and valuation of collateral
11. Events of Default: Circumstances constituting default and consequences
12. Enforcement Rights: Lender's rights upon default, including collateral liquidation
13. Payments and Calculations: Payment mechanics, calculation periods, and currency provisions
14. Notices: Communication requirements and contact details
15. Governing Law and Jurisdiction: Danish law as governing law and jurisdiction provisions
1. Additional Borrower Obligations: Specific obligations for institutional borrowers or regulated entities
2. Currency Provisions: Required when lending or collateral involves multiple currencies
3. Tax Provisions: Detailed tax provisions when cross-border elements are involved
4. Market Disruption: Provisions dealing with market disruption events affecting collateral valuation
5. Client Classification: Required for retail clients under MiFID II requirements
6. Risk Disclosure: Detailed risk disclosures required for retail clients
7. Electronic Trading Platform: Terms for using electronic platforms for margin monitoring and trading
8. Data Protection: Extended GDPR compliance provisions when dealing with personal data
1. Schedule 1 - Facility Terms: Detailed terms of the facility including limits, interest rates, and fees
2. Schedule 2 - Eligible Collateral: List of acceptable collateral types and their respective margin requirements
3. Schedule 3 - Valuation Procedures: Detailed procedures for valuing different types of collateral
4. Schedule 4 - Margin Calculation: Formula and examples of margin calculation
5. Schedule 5 - Form of Margin Call Notice: Standard form for margin call notifications
6. Schedule 6 - Contact Details: Detailed contact information for operational matters
7. Appendix A - Standard Settlement Instructions: Payment and settlement details for both parties
8. Appendix B - Required Documents: List of required documentation from the borrower
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