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Equity Linked Agreement Template for Netherlands

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Key Requirements PROMPT example:

Equity Linked Agreement

"I need an Equity Linked Agreement under Dutch law for a structured product that tracks the performance of a basket of Dutch tech stocks, with physical settlement options and early redemption features for institutional investors."

Document background
The Equity Linked Agreement is a sophisticated financial contract used when parties wish to create investment arrangements tied to equity performance without direct equity ownership. This document is essential in the Dutch financial markets for structuring products such as equity-linked notes, certificates, or other derivative instruments. It provides detailed provisions for calculating returns, managing market risks, and ensuring regulatory compliance under Dutch law and EU regulations. The agreement is particularly relevant when financial institutions issue structured products to investors or when implementing complex investment strategies that require exposure to equity markets through synthetic arrangements. The document must comply with Dutch financial regulations, including the Wet op het financieel toezicht (Wft) and relevant EU directives.
Suggested Sections

1. Parties: Identification of contracting parties and their legal details

2. Background: Context of the agreement and commercial intent of the parties

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. Equity Linking Structure: Core provisions describing the equity linking mechanism and calculation methodology

5. Payment Terms: Terms and conditions for payments, including timing and calculation methods

6. Market Disruption Events: Provisions dealing with market disruptions and their consequences

7. Representations and Warranties: Standard and specific representations and warranties from each party

8. Covenants: Ongoing obligations of the parties during the agreement term

9. Events of Default: Circumstances constituting default and consequences

10. Early Termination: Provisions for early termination and its consequences

11. Taxation: Tax-related provisions and allocations of tax risks

12. Notices: Communication procedures between parties

13. Governing Law and Jurisdiction: Choice of Dutch law and jurisdiction provisions

14. General Provisions: Standard boilerplate clauses including assignment, amendments, and severability

Optional Sections

1. Collateral Arrangements: Include when security or collateral is required for the equity-linked obligations

2. Third Party Rights: Include when rights are granted to non-contracting parties

3. Physical Settlement: Include when physical settlement of underlying equity is possible

4. Break Clauses: Include when parties want specific break options beyond standard termination

5. Regulatory Compliance: Include detailed compliance provisions when dealing with regulated entities

6. Information Rights: Include when ongoing information sharing is required

7. Transfer Restrictions: Include when specific transfer restrictions beyond standard provisions are needed

8. Force Majeure: Include detailed force majeure provisions when standard provisions are insufficient

Suggested Schedules

1. Calculation Methods: Detailed mathematical formulae and calculation methodologies

2. Reference Assets: Details of the underlying equity instruments

3. Price Sources: Specified price sources and fallback provisions

4. Settlement Procedures: Detailed settlement and payment procedures

5. Form of Notices: Template forms for various notices under the agreement

6. Regulatory Disclosures: Required regulatory disclaimers and disclosures

7. Contact Details: Detailed contact information for all relevant parties and roles

8. Corporate Authorizations: Copies of relevant corporate authorizations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




























































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Relevant Industries

Financial Services

Banking

Investment Management

Securities Trading

Asset Management

Corporate Finance

Private Equity

Hedge Funds

Investment Banking

Wealth Management

Relevant Teams

Legal

Compliance

Investment Management

Risk Management

Treasury

Trading

Structured Products

Corporate Finance

Regulatory Affairs

Product Development

Relevant Roles

Legal Counsel

Compliance Officer

Investment Manager

Structured Products Manager

Risk Manager

Financial Director

Chief Investment Officer

Portfolio Manager

Derivatives Trader

Legal Director

Regulatory Compliance Manager

Investment Banker

Product Development Manager

Treasury Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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