The Collateral Management Agreement serves as a critical document in financial transactions where assets are pledged as security. It establishes the framework for how collateral is managed, valued, and maintained throughout the relationship between parties. This agreement is particularly important in the U.S. financial markets, where it must comply with federal regulations such as the UCC and SEC requirements, as well as state-specific laws. The document typically includes detailed provisions for collateral eligibility, valuation methods, margin calls, custody arrangements, and default scenarios.
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1. Parties: Identification of contracting parties and their legal status
2. Background/Recitals: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Appointment and Authority: Scope of collateral manager's appointment and authority
5. Duties and Responsibilities: Core obligations of the collateral manager
6. Collateral Requirements: Types of eligible collateral and maintenance requirements
7. Valuation: Methods and frequency of collateral valuation
8. Custody Arrangements: Details of collateral custody and segregation
9. Events of Default: Circumstances constituting default and remedies
10. Term and Termination: Duration and termination provisions
1. Cross-Border Provisions: Additional provisions required when parties are in different jurisdictions
2. Third-Party Service Providers: Rights and obligations of additional service providers such as external custodians or administrators
3. Rehypothecation Rights: Provisions governing rights to reuse posted collateral
1. Schedule of Eligible Collateral: Detailed list of acceptable collateral types and haircuts
2. Fee Schedule: Breakdown of fees and charges
3. Operating Procedures: Detailed operational processes and procedures
4. Form of Reports: Templates for required reporting
5. Contact Details: List of authorized personnel and contact information
6. Service Level Agreement: Specific performance metrics and standards
Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
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