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Stock Lending Agreement
"I need a Stock Lending Agreement under Irish law between our investment fund and a major Irish bank, with specific provisions for non-cash collateral and agency lending capabilities, to be implemented by March 2025."
1. Parties: Identification of the lender and borrower, including regulatory status and capacity
2. Background: Context of the agreement and general purpose of the stock lending arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Loans of Securities: Core provisions governing the lending and borrowing of securities
5. Transfer of Securities and Collateral: Mechanics and timing of securities and collateral transfers
6. Collateral Requirements: Types of acceptable collateral, margins, and maintenance requirements
7. Rights and Obligations: Ongoing rights and obligations of both parties during the loan period
8. Income and Corporate Actions: Treatment of dividends, voting rights, and corporate actions
9. Tax Provisions: Tax obligations, withholding requirements, and manufactured payments
10. Events of Default: Definition of default events and consequences
11. Close-out and Set-off: Procedures for termination and settlement of obligations
12. Representations and Warranties: Standard and specific representations by both parties
13. Indemnities: Indemnification obligations of both parties
14. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Agency Provisions: Required when either party acts as agent for underlying principals
2. Custody Arrangements: Needed when involving third-party custodians
3. Electronic Trading Platform: Required when transactions will be executed through specific trading platforms
4. Regulatory Reporting: Additional provisions for entities subject to specific reporting requirements
5. Non-Cash Collateral Arrangements: Required when allowing for securities or other non-cash collateral
6. Multiple Currency Provisions: Needed for cross-border arrangements involving multiple currencies
7. Buy-in Procedures: Optional provisions for forced buy-in procedures
8. Market Making Activities: Special provisions for market makers
1. Schedule 1 - Eligible Securities: List of securities eligible for lending under the agreement
2. Schedule 2 - Eligible Collateral: Types and specifications of acceptable collateral
3. Schedule 3 - Margin Requirements: Detailed margin percentages and calculations
4. Schedule 4 - Standard Settlement Instructions: Account details and settlement procedures
5. Schedule 5 - Agency Terms: Detailed terms applicable to agency arrangements
6. Schedule 6 - Communications and Notices: Contact details and communication procedures
7. Schedule 7 - Fee Schedule: Lending fees, minimum fees, and payment terms
8. Appendix A - Form of Loan Confirmation: Standard form for confirming individual loan transactions
9. Appendix B - Required Documents: List of required documentation from each party
Authors
Banking
Investment Management
Securities Trading
Asset Management
Hedge Funds
Insurance
Pension Funds
Prime Brokerage
Financial Services
Investment Banking
Legal
Compliance
Risk Management
Securities Operations
Trading
Portfolio Management
Collateral Management
Settlement
Client Services
Regulatory Reporting
Finance
Middle Office
Legal Counsel
Securities Operations Manager
Compliance Officer
Risk Manager
Trading Manager
Portfolio Manager
Collateral Manager
Securities Lending Trader
Operations Director
Chief Legal Officer
Head of Trading
Financial Controller
Regulatory Reporting Officer
Settlement Manager
Relationship Manager
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