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The Collateral Management Agreement is essential for financial institutions and organizations engaging in secured lending, derivatives trading, or other transactions requiring collateral arrangements in Ireland. This agreement establishes the legal and operational framework for managing financial collateral, ensuring compliance with Irish and EU regulations, including the European Union (Financial Collateral Arrangements) Regulations 2010 and MiFID II requirements. It details the appointment of a collateral manager, their duties in monitoring, valuing, and managing collateral, reporting obligations, and operational procedures. The document is crucial for risk management and regulatory compliance, particularly in contexts involving financial institutions, investment firms, and asset managers operating under Irish jurisdiction.

1. Parties: Identifies the contracting parties and their roles (e.g., Collateral Manager, Client, Custodian)

2. Background: Sets out the context of the agreement and the parties' intentions regarding the collateral management services

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles

4. Appointment and Authority: Establishes the appointment of the collateral manager and scope of authority

5. Services and Obligations: Details the core collateral management services to be provided

6. Eligible Collateral: Specifies types of acceptable collateral and related criteria

7. Valuation and Margin: Sets out principles for valuation of collateral and margin calculations

8. Instructions and Communications: Establishes procedures for giving and receiving instructions

9. Segregation and Custody: Details requirements for segregation of collateral and custody arrangements

10. Fees and Expenses: Specifies fees payable and expense reimbursement terms

11. Representations and Warranties: Contains standard and specific representations and warranties

12. Liability and Indemnification: Sets out liability limitations and indemnification obligations

13. Events of Default: Defines events triggering default and consequences

14. Termination: Specifies termination events and procedures

15. Confidentiality: Contains confidentiality obligations and permitted disclosures

16. Notices: Specifies procedures for formal notices between parties

17. Governing Law and Jurisdiction: Establishes Irish law as governing law and jurisdiction for disputes

18. General Provisions: Contains standard boilerplate provisions