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Credit Swap Agreement Template for United States

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Key Requirements PROMPT example:

Credit Swap Agreement

"Need a Credit Swap Agreement for our bank to act as protection seller to hedge fund ABC Capital, covering a portfolio of corporate bonds with a notional value of $50 million, with quarterly premium payments starting March 2025."

Document background
Credit Swap Agreements are essential risk management tools in U.S. financial markets, governed by federal securities laws and regulations. These agreements are used when entities need to manage or transfer credit exposure to other parties. A Credit Swap Agreement typically specifies credit events that trigger payments, premium payment schedules, settlement terms, and regulatory compliance requirements. The document must conform to ISDA standards while meeting U.S. regulatory requirements under Dodd-Frank and CFTC oversight.
Suggested Sections

1. Parties: Identification of counterparties and their legal status

2. Background: Context and purpose of the credit swap agreement

3. Definitions: Key terms used throughout the agreement, including ISDA definitions

4. Credit Events: Specifications of triggering events and conditions that constitute a credit event

5. Settlement Terms: Methods and procedures for settlement following a credit event

6. Payment Obligations: Premium payments, calculation methods, and payment schedules

7. Representations and Warranties: Standard representations by each party regarding capacity and authority

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

9. Events of Default: Circumstances constituting default and resulting remedies

Optional Sections

1. Early Termination: Terms and conditions for early contract termination, including calculation of termination amounts

2. Credit Support Arrangements: Collateral requirements, eligible collateral, and valuation procedures

3. Transfer Provisions: Terms governing assignment or transfer of rights and obligations

4. Tax Provisions: Specific tax considerations and gross-up obligations

Suggested Schedules

1. Schedule 1 - Transaction Terms: Specific economic terms of the swap including reference entity, notional amount, and term

2. Schedule 2 - Credit Support Terms: Detailed collateral requirements, calculations, and eligible collateral types

3. Schedule 3 - Notice Information: Contact details and notice requirements for all parties

4. Appendix A - ISDA Definitions: Referenced ISDA definitions and terms applicable to the agreement

5. Appendix B - Form of Confirmation: Template for transaction confirmations under the agreement

Authors

Alex Denne

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

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Industries

Dodd-Frank Act: Primary federal legislation from 2010 that regulates financial markets and includes specific provisions for swap agreements, including reporting requirements and mandatory clearing

Commodity Exchange Act: Federal legislation that regulates futures and commodity options markets, providing framework for CFTC oversight of swap transactions

Securities Exchange Act: 1934 Act that governs secondary trading of securities and establishes SEC regulatory authority over certain types of swap agreements

Securities Act: 1933 Act that regulates the offering and sale of securities, including certain security-based swaps

CFTC Regulations: Specific rules and requirements set by the Commodity Futures Trading Commission for swap transactions and market participants

SEC Rules: Regulatory framework established by the Securities and Exchange Commission governing security-based swaps

ISDA Guidelines: Standardized documentation and definitions provided by the International Swaps and Derivatives Association for swap agreements

Clearing Requirements: Mandatory clearing obligations for certain types of swap transactions through clearing houses

SDR Reporting: Requirements for reporting swap transaction data to Swap Data Repositories

Bank Holding Company Act: Regulations affecting banks and their affiliates engaging in swap transactions

Blue Sky Laws: State-specific securities regulations that may affect swap transactions within particular jurisdictions

Bankruptcy Code: Provisions affecting the treatment of swap agreements in bankruptcy scenarios

UCC Provisions: Uniform Commercial Code provisions relevant to security interests and commercial transactions in swap agreements

Basel III: International banking standards affecting capital requirements for banks involved in swap transactions

Regulation W: Federal Reserve Board regulation governing transactions between banks and their affiliates

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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