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Credit Default Swap Agreement Template for Netherlands

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Key Requirements PROMPT example:

Credit Default Swap Agreement

"I need a Credit Default Swap Agreement under Dutch law for a major bank acting as protection buyer, with specific provisions for multiple reference entities in the renewable energy sector and additional termination rights linked to ESG criteria."

Document background
Credit Default Swap Agreements are essential risk management instruments in modern financial markets. This document, governed by Dutch law, provides a legal framework for transactions where one party (the protection buyer) seeks to hedge against the credit risk of a reference entity by paying a premium to another party (the protection seller) in exchange for compensation if a credit event occurs. The agreement incorporates crucial elements including credit event definitions, premium calculations, settlement mechanisms, and early termination provisions. It ensures compliance with both European Union regulations (such as EMIR and MiFID II) and Dutch national laws, particularly the Financial Supervision Act (Wft) and Civil Code. The document typically follows ISDA standards while accommodating specific Dutch legal requirements, making it suitable for both domestic Dutch transactions and cross-border deals involving Dutch financial institutions.
Suggested Sections

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

2. Background: Context of the agreement, relationship between parties, and purpose of the CDS

3. Definitions: Comprehensive definitions section incorporating ISDA definitions and additional transaction-specific terms

4. Transaction Terms: Core economic terms including reference entity, obligations, credit events, and settlement methods

5. Premium Payments: Details of premium calculation, payment dates, and payment mechanics

6. Credit Events: Specific provisions regarding credit event notifications, verification, and consequences

7. Settlement: Physical or cash settlement procedures, valuation methods, and delivery requirements

8. Representations and Warranties: Standard and transaction-specific representations from both parties

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

10. Events of Default: Circumstances constituting default and corresponding remedies

11. Early Termination: Provisions for early termination and close-out procedures

12. Calculations and Determinations: Role and responsibilities of calculation agent

13. Notices: Communication procedures and contact details

14. Governing Law and Jurisdiction: Specification of Dutch law governance and jurisdiction arrangements

Optional Sections

1. Credit Support Arrangements: Include when collateral posting is required between parties

2. Third Party Rights: Include when rights are to be granted to non-parties under the agreement

3. Additional Termination Events: Include when specific circumstances beyond standard events should trigger termination

4. Tax Provisions: Include when specific tax arrangements or gross-up provisions are needed

5. Multiple Reference Entities: Include when the CDS covers multiple reference entities

6. Break Clauses: Include when parties want optional early termination rights

7. Succession Events: Include when detailed provisions for corporate actions affecting the reference entity are needed

Suggested Schedules

1. Schedule 1: Transaction Details: Detailed economic terms of the specific CDS transaction

2. Schedule 2: Reference Entity Details: Specific information about the reference entity and reference obligations

3. Schedule 3: Notice Details: Detailed contact information for all types of notices

4. Schedule 4: Credit Support Details: Specific terms of any credit support arrangement

5. Appendix A: Form of Credit Event Notice: Template for credit event notification

6. Appendix B: Form of Notice of Physical Settlement: Template for physical settlement notification

7. Appendix C: Calculation Agent Provisions: Detailed procedures for calculations and determinations

8. Appendix D: Settlement Terms: Detailed provisions for settlement procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



















































Clauses






























Relevant Industries

Banking

Financial Services

Insurance

Investment Management

Asset Management

Investment Banking

Corporate Banking

Risk Management

Credit Trading

Hedge Funds

Pension Funds

Relevant Teams

Legal

Risk Management

Trading

Compliance

Documentation

Credit Analysis

Treasury

Operations

Financial Control

Structured Products

Market Risk

Credit Risk

Trading Operations

Legal Operations

Regulatory Reporting

Relevant Roles

Credit Derivatives Trader

Risk Manager

Legal Counsel

Compliance Officer

Credit Analyst

Portfolio Manager

Structured Products Specialist

Documentation Specialist

Trading Operations Manager

Chief Risk Officer

Treasury Manager

Derivatives Documentation Manager

Financial Controller

Credit Trading Head

Legal Documentation Officer

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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