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Master Netting Agreement
"I need a German law Master Netting Agreement between a commercial bank and an investment fund, with specific provisions for derivatives and securities lending transactions, to be effective from March 2025."
1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and general purpose of entering into the netting arrangement
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules
4. Scope of Agreement: Types of transactions and obligations covered by the netting arrangement
5. Netting Provisions: Core netting mechanisms, including payment netting and close-out netting procedures
6. Events of Default: Circumstances triggering close-out netting rights
7. Early Termination: Procedures and consequences of early termination
8. Close-out Amount Calculation: Methodology for calculating final settlement amounts
9. Set-off Rights: Provisions regarding rights of set-off under German law
10. Representations and Warranties: Standard and specific representations by both parties
11. Governing Law and Jurisdiction: German law as governing law and jurisdiction provisions
12. Notices: Communication procedures between parties
13. Miscellaneous: General provisions including severability, amendments, and entire agreement
1. Tax Provisions: Specific tax-related provisions, required when parties are subject to different tax jurisdictions
2. Multi-branch Provisions: Required when either party operates through multiple branches
3. Credit Support Arrangements: Provisions relating to collateral arrangements, if applicable
4. Special Entity Provisions: Additional provisions for regulated entities or special purpose vehicles
5. Electronic Trading Provisions: Required when parties engage in electronic trading
6. Agent Provisions: Required when one or both parties act through agents
1. Schedule 1 - Transaction Types: List and specifications of covered transaction types
2. Schedule 2 - Form of Confirmation: Standard form for transaction confirmations
3. Schedule 3 - Contact Details: Detailed contact information for notices and communications
4. Schedule 4 - Calculation Agent Provisions: Detailed provisions regarding calculation agent role and responsibilities
5. Appendix A - Form of Early Termination Notice: Standard form for serving early termination notices
6. Appendix B - Methodology for Close-out Amount Calculation: Detailed calculation procedures and examples
7. Appendix C - Form of Legal Opinions: Standard form for required legal opinions under German law
Authors
Financial Services
Banking
Insurance
Investment Management
Energy Trading
Commodities Trading
Asset Management
Treasury Services
Capital Markets
Corporate Finance
Legal
Treasury
Risk Management
Trading
Compliance
Finance
Operations
Credit Risk
Regulatory Affairs
Documentation
Legal Counsel
Treasury Manager
Risk Manager
Chief Financial Officer
Trading Manager
Compliance Officer
Financial Controller
Credit Risk Officer
Operations Manager
Legal Director
Treasury Director
Head of Trading
Chief Risk Officer
Documentation Manager
Regulatory Compliance Manager
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