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Security Lending Agreement
"I need a Security Lending Agreement under Pakistani law for our bank acting as lender to multiple broker-dealers, with specific provisions for Sharia-compliant securities and tri-party collateral arrangements through an international custodian."
1. Parties: Identification of the lender and borrower, including their legal status and registered addresses
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Loans of Securities: Core provisions governing the lending of securities, including initiation process and confirmation requirements
5. Transfer of Securities and Collateral: Procedures and requirements for transferring securities and posting collateral
6. Collateral Requirements: Specifications for acceptable collateral, maintenance margins, and mark-to-market requirements
7. Income and Corporate Actions: Treatment of dividends, interest, and other corporate actions affecting loaned securities
8. Fees and Charges: Lending fees, rates, and other charges applicable to the arrangement
9. Tax Provisions: Treatment of taxes and withholding requirements
10. Events of Default: Definition of default events and consequences
11. Close-out and Set-off Rights: Procedures for terminating loans and settling obligations
12. Representations and Warranties: Standard legal assurances from both parties
13. Indemnification: Mutual indemnification obligations and limitations
14. Governing Law and Jurisdiction: Specification of Pakistani law as governing law and jurisdiction for disputes
15. Notices: Communication procedures and contact details
16. General Provisions: Standard boilerplate clauses including amendments, assignments, and severability
1. Agency Provisions: Required when either party acts as an agent for underlying principals
2. Custody Arrangements: Needed when a third-party custodian is involved in holding collateral
3. Electronic Trading Platform: Required when transactions will be conducted through specific trading platforms
4. Sharia Compliance: Required for Islamic financial institutions or Sharia-compliant transactions
5. Force Majeure: Optional provisions for extraordinary events affecting market operations
6. Market Disruption: Specific provisions for handling market disruption events
7. Tri-party Arrangements: Required when using a tri-party collateral agent
1. Schedule 1 - Eligible Securities: List of securities eligible for lending under the agreement
2. Schedule 2 - Eligible Collateral: Types of acceptable collateral and applicable haircuts
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, rates, and calculation methodologies
4. Schedule 4 - Operating Procedures: Detailed procedures for loan initiation, maintenance, and termination
5. Schedule 5 - Forms of Notices: Standard forms for borrowing requests, recalls, and other notices
6. Schedule 6 - Authorized Persons: List of authorized signatories and traders
7. Appendix A - Tax Documentation: Required tax forms and declarations
8. Appendix B - Settlement Instructions: Standard settlement and payment instructions
Authors
Banking
Financial Services
Investment Management
Securities Trading
Asset Management
Broker-Dealer Services
Investment Banking
Custody Services
Islamic Finance
Legal
Compliance
Treasury
Risk Management
Operations
Trading
Portfolio Management
Custody Operations
Regulatory Reporting
Islamic Banking
Collateral Management
Settlement
Finance
Securities Services
Securities Lending Manager
Legal Counsel
Compliance Officer
Treasury Manager
Risk Manager
Operations Manager
Trading Manager
Portfolio Manager
Custody Operations Manager
Regulatory Reporting Officer
Islamic Finance Specialist
Collateral Manager
Settlement Officer
Chief Financial Officer
Head of Securities Services
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