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Credit Default Swap Agreement
"I need a Credit Default Swap Agreement for our Qatar-based bank acting as protection buyer, seeking credit protection on a portfolio of corporate bonds with a five-year term starting January 2025, with particular emphasis on Shariah compliance and QCB regulatory requirements."
1. Parties: Identification of the protection buyer and protection seller, including their legal status and contact details
2. Background: Context of the agreement, including the reference entity and purpose of the CDS
3. Definitions: Comprehensive definitions including Credit Events, Reference Obligation, and Shariah-compliant terms
4. Transaction Terms: Core economic terms including notional amount, fixed rate, and term of the agreement
5. Credit Events: Detailed description of triggering events and their determination process
6. Settlement Terms: Procedures for physical or cash settlement following a Credit Event
7. Premium Payments: Payment structure, timing, and calculation methods (ensuring Shariah compliance)
8. Representations and Warranties: Standard and Shariah-specific representations from both parties
9. Obligations and Covenants: Ongoing obligations of both parties throughout the agreement term
10. Notice Requirements: Communication procedures and requirements for various events
11. Events of Default: Circumstances constituting default and consequential rights
12. Early Termination: Conditions and procedures for early termination
13. Governing Law and Jurisdiction: Qatar law provisions and dispute resolution mechanisms
14. Shariah Compliance: Specific provisions ensuring compliance with Islamic finance principles
1. Multiple Reference Entities: Additional provisions for CDS covering multiple reference entities
2. Succession Event Provisions: Procedures for handling corporate restructuring of reference entities
3. Third Party Rights: Provisions regarding rights of third parties under Qatar law
4. Additional Termination Events: Specific scenarios triggering termination beyond standard events
5. Credit Support Requirements: Collateral and security arrangements if applicable
6. Special Resolution Provisions: Provisions dealing with resolution regimes for financial institutions
7. Multiple Currencies: Provisions for deals involving multiple currencies
8. QFC Specific Provisions: Additional terms if either party operates within Qatar Financial Centre
1. Schedule 1: Transaction Details: Specific terms of the CDS transaction including reference entity, obligations, and pricing
2. Schedule 2: Notice Details: Contact information and procedures for various types of notices
3. Schedule 3: Credit Support Terms: Detailed collateral arrangements if applicable
4. Schedule 4: Settlement Mechanics: Detailed procedures for both physical and cash settlement
5. Appendix A: Form of Credit Event Notice: Template for notifying credit events
6. Appendix B: Form of Assignment Agreement: Template for transferring rights under the agreement
7. Appendix C: Shariah Structure Diagram: Visual representation of the Shariah-compliant structure
8. Appendix D: Calculation Agent Provisions: Detailed terms regarding calculation agent's role and responsibilities
Authors
Banking and Financial Services
Insurance
Investment Management
Islamic Finance
Corporate Finance
Risk Management
Financial Technology
Energy and Resources
Infrastructure
Real Estate
Trading and Commerce
Legal
Risk Management
Treasury
Trading
Compliance
Islamic Finance
Operations
Credit
Documentation
Finance
Regulatory Affairs
Investment
Structured Products
Chief Risk Officer
Head of Treasury
Derivatives Trader
Structured Products Manager
Legal Counsel
Shariah Compliance Officer
Credit Risk Manager
Financial Controller
Investment Manager
Trading Operations Manager
Regulatory Compliance Officer
Documentation Specialist
Portfolio Manager
Credit Analyst
Islamic Finance Specialist
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