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Share Lending Agreement
1. Parties: Identification of the lender and borrower, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Loan of Securities: Core terms of the lending arrangement, including identification of securities and quantity
5. Term and Termination: Duration of the lending arrangement and circumstances for termination
6. Delivery and Return: Procedures for initial delivery and return of securities
7. Collateral: Requirements for collateral, including type, amount, and maintenance
8. Rights and Obligations: Specific rights and obligations of both parties during the lending period
9. Corporate Actions: Handling of dividends, voting rights, and other corporate actions
10. Fees and Payments: Lending fees, payment schedules, and calculation methods
11. Tax Provisions: Treatment of taxes, including withholding tax and manufactured dividends
12. Events of Default: Definition of default events and consequences
13. Representations and Warranties: Standard representations and warranties from both parties
14. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
15. Notices: Process for formal communications between parties
1. Market Disruption: Include when dealing with securities traded in volatile markets or during uncertain economic conditions
2. Intermediary Provisions: Required when a broker or agent is involved in the lending arrangement
3. Special Settlement Provisions: Include for cross-border transactions or when dealing with specific settlement systems
4. Additional Tax Provisions: Include when dealing with international parties or complex tax structures
5. Regulatory Compliance: Additional section for specific regulatory requirements when dealing with regulated entities
6. Force Majeure: Include when parties want specific provisions for extraordinary events
7. Confidentiality: Detailed confidentiality provisions when dealing with sensitive information or regulated entities
8. Anti-Money Laundering: Include when required by the nature of the parties or regulatory requirements
1. Schedule 1 - Securities Details: Detailed description of the securities being lent, including ISIN numbers and quantities
2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, calculations, and payment terms
3. Schedule 3 - Collateral Requirements: Specific details of acceptable collateral and valuation methods
4. Schedule 4 - Operating Procedures: Detailed procedures for delivery, returns, and corporate actions
5. Schedule 5 - Form of Notices: Standard forms for various notices required under the agreement
6. Appendix A - Contact Details: List of authorized representatives and contact information for both parties
7. Appendix B - Settlement Instructions: Detailed settlement and account information for both parties
8. Appendix C - Regulatory Disclosures: Required regulatory disclosures and compliance statements
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