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Credit Default Swap Agreement

Credit Default Swap Agreement Template for Australia

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Key Requirements PROMPT example:

Credit Default Swap Agreement

"I need a Credit Default Swap Agreement under Australian law for a major bank acting as protection seller, with physical settlement terms and a five-year duration starting March 2025, including specific provisions for handling sovereign debt restructuring events."

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Document background
This Credit Default Swap Agreement template is designed for use in the Australian financial markets where parties seek to transfer credit risk exposure. It is particularly relevant in scenarios where institutional investors, banks, or other financial entities wish to hedge against potential defaults or seek exposure to credit risk for investment purposes. The agreement complies with Australian financial services regulations, including the Corporations Act 2001 (Cth) and ASIC requirements, and typically follows ISDA (International Swaps and Derivatives Association) documentation standards while incorporating Australian law specificities. The document includes comprehensive provisions for credit event definitions, settlement mechanisms, payment calculations, and regulatory compliance requirements specific to the Australian jurisdiction.
Suggested Sections

1. Parties: Identification of the protection buyer and protection seller, including full legal names and registered addresses

2. Background: Context of the agreement, including the purpose of the credit protection and relationship to any master agreement

3. Definitions: Definitions of key terms, including Credit Events, Reference Entity, Reference Obligation, and other technical terms

4. Transaction Terms: Core economic terms including notional amount, fixed rate, credit events covered, and term of the agreement

5. Credit Events: Detailed description of circumstances that trigger payment obligations, including bankruptcy, failure to pay, restructuring

6. Settlement Terms: Procedures for settlement following a credit event, including calculation methods and timing

7. Premium Payments: Details of premium calculations, payment dates, and payment mechanics

8. Representations and Warranties: Standard representations and warranties from both parties

9. Events of Default: Circumstances constituting default under the agreement

10. Termination Provisions: Conditions and procedures for early termination

11. Notices: Requirements for delivering notices, including method and timing

12. Governing Law and Jurisdiction: Specification of Australian law as governing law and jurisdiction for disputes

Optional Sections

1. Credit Support Provisions: Include when parties agree to collateral arrangements to secure their obligations

2. Additional Reference Entities: Include when the CDS covers multiple reference entities

3. Succession Event Provisions: Include when parties want specific provisions for handling corporate succession events

4. Modified Restructuring Provisions: Include when parties want to modify standard restructuring credit event provisions

5. Additional Termination Events: Include when parties agree to specific additional termination triggers

6. Trading Restrictions: Include when parties want to restrict assignment or transfer rights

7. Break Clauses: Include when parties want specific provisions for mutual early termination

8. Special Entity Provisions: Include when dealing with special entities under Australian law

Suggested Schedules

1. Schedule 1: Transaction Details: Specific terms of the CDS transaction including reference entity, obligations, fixed rate, etc.

2. Schedule 2: Notice Details: Contact information and address details for notices under the agreement

3. Schedule 3: Credit Support Details: Specific terms of any credit support arrangements

4. Appendix A: Form of Credit Event Notice: Standard form for notifying credit events

5. Appendix B: Form of Assignment Agreement: Standard form for transferring rights under the agreement

6. Appendix C: Calculation Agent Provisions: Detailed provisions regarding calculation agent duties and procedures

7. Appendix D: Settlement Templates: Standard forms and procedures for physical or cash settlement

8. Appendix E: Reference Obligation Details: Detailed information about the reference obligation(s)

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions



















































































Clauses












































Relevant Industries

Banking

Financial Services

Insurance

Investment Management

Asset Management

Capital Markets

Corporate Finance

Risk Management

Investment Banking

Hedge Funds

Relevant Teams

Legal

Risk Management

Trading

Compliance

Operations

Treasury

Credit Analysis

Structured Products

Documentation

Middle Office

Front Office

Financial Control

Relevant Roles

Credit Derivatives Trader

Risk Manager

Legal Counsel

Compliance Officer

Portfolio Manager

Credit Analyst

Structured Products Manager

Treasury Manager

Financial Controller

Investment Director

Chief Risk Officer

Trading Operations Manager

Documentation Specialist

Derivatives Operations 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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