The Margin Loan Agreement is essential for financial institutions and investors engaging in securities-based lending in Denmark. This document is used when a lender provides credit facilities secured by a portfolio of financial instruments, requiring detailed provisions for ongoing margin maintenance and collateral management. The agreement must comply with Danish financial regulations, including the Financial Business Act and Capital Markets Act, as well as relevant EU regulations implemented in Danish law. It typically includes comprehensive provisions for calculating loan-to-value ratios, making margin calls, and enforcing security interests. The Margin Loan Agreement is particularly important in investment and wealth management contexts, where it facilitates leverage while managing risk through collateral arrangements and strict margin requirements.
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Key Requirements PROMPT example:
Margin Loan Agreement
Need a Danish law Margin Loan Agreement for a corporate borrower with EUR 10M facility, accepting both Danish and German listed securities as collateral, with special provisions for automated margin calls and real-time collateral monitoring.
1. Parties: Identification of the lender and borrower, including registration numbers and addresses
2. Background: Context of the agreement and general purpose of the margin loan facility
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and interpretation rules
4. The Facility: Details of the loan facility, including amount, purpose, and availability
5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
6. Collateral Arrangements: Provisions regarding the pledging and maintenance of collateral securities
7. Margin Requirements: Specification of initial margin, maintenance margin requirements, and calculation methods
8. Margin Calls: Procedures for margin calls, timing, and requirements for meeting margin calls
9. Interest and Fees: Interest calculation, payment provisions, and applicable fees
10. Representations and Warranties: Standard and specific representations and warranties from the borrower
11. Covenants: Ongoing obligations of the borrower during the term of the facility
12. Events of Default: Circumstances constituting default and consequences thereof
13. Enforcement Rights: Lender's rights and procedures for enforcing security upon default
14. Payments and Calculations: Payment mechanics, calculation conventions, and currency provisions
15. Tax Provisions: Tax-related obligations and gross-up provisions
16. General Provisions: Standard boilerplate provisions including notices, amendments, and assignments
1. Multi-currency Provisions: Additional provisions for facilities offered in multiple currencies - include when the facility is multi-currency
2. Guarantee Provisions: Provisions relating to any guarantees of the borrower's obligations - include when there are guarantors
3. Additional Security Documents: References to additional security documentation - include when complex security arrangements exist
4. Portfolio Management: Provisions regarding active management of collateral portfolio - include for sophisticated clients
5. Client Classification: Specific provisions based on MiFID client classification - include for retail clients
6. Consumer Protection Provisions: Additional protective provisions - include when borrower is a consumer under Danish law
1. Schedule 1 - Facility Parameters: Detailed terms of the facility including amounts, interest rates, and fees
2. Schedule 2 - Eligible Collateral: List of acceptable collateral securities and their respective margin values
3. Schedule 3 - Margin Calculations: Detailed methodology for calculating margin requirements and valuation procedures
4. Schedule 4 - Form of Margin Call Notice: Standard form for margin call notifications
5. Schedule 5 - Contact Details: Contact information for notices and margin calls
6. Schedule 6 - Standing Settlement Instructions: Payment and settlement account details
7. Appendix A - Form of Compliance Certificate: Standard form for periodic compliance certification
8. Appendix B - Security Release Procedure: Procedures for releasing or substituting collateral securities
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Securities Trading
Wealth Management
Private Banking
Asset Management
Corporate Finance
Hedge Funds
Private Equity
Investment Banking
Broker-Dealer Services
Relevant Teams
Legal
Compliance
Risk Management
Credit
Trading
Operations
Portfolio Management
Wealth Management
Documentation
Client Services
Financial Control
Collateral Management
Investment Advisory
Credit Analysis
Transaction Management
Relevant Roles
Legal Counsel
Compliance Officer
Risk Manager
Credit Officer
Relationship Manager
Portfolio Manager
Investment Advisor
Securities Trader
Financial Controller
Credit Risk Analyst
Collateral Manager
Operations Manager
Chief Legal Officer
Chief Risk Officer
Chief Compliance Officer
Investment Director
Head of Credit
Head of Trading
Senior Credit Analyst
Documentation Manager
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