The Credit Support Agreement is essential in Indonesian financial transactions where parties seek to mitigate credit risk through various forms of security arrangements. This document is typically used in conjunction with primary financing agreements, derivatives transactions, or other financial arrangements where credit risk needs to be managed. It becomes particularly relevant in the Indonesian context due to specific local requirements for security interests, including registration requirements and enforcement procedures under OJK regulations and Indonesian civil law. The agreement needs to carefully balance international financial practices with local regulatory requirements, especially when involving cross-border elements. The document addresses credit support calculations, delivery mechanisms, rights and obligations of parties, and enforcement procedures, all within the framework of Indonesian law.
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1. Parties: Identification of the credit support provider, credit support receiver, and any other relevant parties
2. Background: Context of the agreement, reference to primary obligations, and purpose of the credit support arrangement
3. Definitions and Interpretation: Definitions of key terms, interpretation rules, and references to relevant documentation
4. Credit Support Obligations: Core obligations of the credit support provider, including types of support, delivery mechanisms, and timing
5. Calculation and Valuation: Methods for calculating required credit support amounts, valuation procedures, and timing of calculations
6. Delivery and Return: Procedures for delivering and returning credit support, including timing, method, and location
7. Representations and Warranties: Standard and specific representations regarding capacity, authority, and credit support assets
8. Events of Default: Circumstances constituting default and consequences thereof
9. Rights and Remedies: Available remedies upon default, including enforcement procedures compliant with Indonesian law
10. Taxes: Treatment of taxes related to credit support transfers and maintenance
11. Notices: Communication procedures and contact details
12. Governing Law and Jurisdiction: Confirmation of Indonesian law governance and jurisdiction arrangements
13. General Provisions: Standard boilerplate provisions including amendments, assignments, and severability
1. Interest on Credit Support: Include when interest is payable on cash credit support
2. Custody Arrangements: Required when third-party custodian is involved in holding credit support
3. Foreign Exchange Provisions: Include for cross-border arrangements involving multiple currencies
4. Registration Requirements: Include when credit support requires registration under Indonesian law
5. Regulatory Compliance: Include specific section when parties are regulated entities
6. Set-off Rights: Include detailed set-off provisions when specifically agreed between parties
7. Dispute Resolution: Include when parties want specific dispute resolution procedures beyond court jurisdiction
1. Eligible Credit Support: List and descriptions of acceptable forms of credit support
2. Valuation Percentages: Haircuts and valuation procedures for different types of credit support
3. Credit Support Processing Times: Detailed timing requirements for delivery and return of credit support
4. Authorized Representatives: List of authorized persons who can act under the agreement
5. Notice Details: Detailed contact information and notice requirements
6. Form of Transfer Confirmations: Standard forms for confirming credit support transfers
7. Required Documentation: List of documents required for credit support transfers or registration
Authors
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