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1. Parties: Identification of the lender and borrower, including their registered details and regulatory status
2. Background: Context of the agreement and relationship between parties
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement, including financial terms and calculation methodologies
4. Facility and Purpose: Details of the margin lending facility, including maximum amount and permitted purposes
5. Conditions Precedent: Prerequisites that must be satisfied before the facility becomes available
6. Margin Requirements: Rules for calculating initial and maintenance margin requirements, including eligible collateral
7. Collateral Arrangements: Provisions regarding the posting, maintenance, and withdrawal of collateral
8. Interest and Fees: Interest calculation methodology, payment terms, and applicable fees
9. Margin Calls and Valuation: Procedures for margin calls, timing, and valuation of collateral
10. Representations and Warranties: Standard and specific representations and warranties from both parties
11. Covenants: Ongoing obligations of the borrower, including financial covenants and reporting requirements
12. Events of Default: Circumstances constituting default and consequences
13. Enforcement and Close-out: Rights and procedures following an event of default
14. Payment and Calculations: Payment mechanics, calculation periods, and currency provisions
15. Term and Termination: Duration of the agreement and termination rights
16. Miscellaneous: Standard boilerplate provisions including notices, amendments, and governing law
1. Syndication Provisions: Required when the facility may be syndicated, including transfer and participation rights
2. Multi-currency Provisions: Required when lending is available in multiple currencies
3. Client Classification: Required for retail clients under MiFID II, including appropriateness assessment
4. Additional Risk Disclosures: Enhanced disclosures required for retail clients or complex collateral arrangements
5. Securities Lending Provisions: Required when the agreement includes securities lending capabilities
6. Tax Provisions: Detailed tax provisions required for cross-border arrangements or specific tax structures
7. Data Protection: Enhanced data protection provisions required when dealing with retail clients or extensive personal data processing
1. Schedule 1 - Eligible Collateral: List of acceptable collateral types, haircuts, and concentration limits
2. Schedule 2 - Margin Calculations: Detailed methodology for calculating initial and maintenance margin requirements
3. Schedule 3 - Fee Schedule: Detailed breakdown of all applicable fees and charges
4. Schedule 4 - Form of Margin Call Notice: Standard form for margin call notifications
5. Schedule 5 - Conditions Precedent Documents: List of required documents and conditions to be satisfied
6. Schedule 6 - Contact Details: Authorized representatives and contact information for both parties
7. Appendix A - Risk Disclosures: Detailed risk warnings and disclosures required by regulation
8. Appendix B - Valuation Procedures: Detailed procedures for valuing different types of collateral
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Private Equity
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Client Services
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Portfolio Management
Transaction Management
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Risk Manager
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