This Equity Linked Agreement is designed for use in structured financial transactions under German law where parties wish to create an investment product linked to the performance of underlying equity securities or indices. The document is typically used by financial institutions, investment banks, and institutional investors for establishing complex financial products that provide exposure to equity markets while maintaining specific risk and return characteristics. The agreement incorporates all necessary provisions required under German securities laws, banking regulations, and applicable EU directives, including detailed terms for calculation methods, risk disclosures, and investor protections. It is particularly relevant in cases where parties need a robust legal framework for equity-linked investments that complies with German regulatory requirements and market standards.
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1. Parties: Identification of contracting parties, including regulatory status and capacity
2. Background: Context of the agreement, purpose, and relationship between parties
3. Definitions and Interpretation: Key terms, calculation periods, business day conventions, and interpretation rules
4. Structure of the Investment: Description of the equity-linked product, underlying assets, and investment structure
5. Subscription and Settlement: Terms of investment, payment mechanics, and settlement procedures
6. Calculation of Returns: Methodology for calculating equity-linked returns, participation rates, and adjustments
7. Payment Terms: Payment dates, calculation periods, and payment mechanics
8. Market Disruption Events: Provisions for handling market disruptions, adjustments, and extraordinary events
9. Early Termination Rights: Circumstances allowing early termination and associated procedures
10. Representations and Warranties: Standard and specific representations by both parties
11. Risk Disclosures: Mandatory risk warnings and disclosures under German law
12. Tax Provisions: Tax treatment, withholding obligations, and related representations
13. Notices: Communication procedures between parties
14. Governing Law and Jurisdiction: German law as governing law and jurisdiction provisions
15. General Provisions: Standard boilerplate clauses including severability, amendments, and entire agreement
1. Collateral Arrangements: Required when the agreement includes security or collateral provisions
2. Third Party Rights: Needed when third parties have specific rights under the agreement
3. Physical Settlement Provisions: Required for products with potential physical settlement of underlying securities
4. Additional Disruption Events: For complex products with additional disruption scenarios
5. Knock-in/Knock-out Provisions: For products with specific trigger events
6. Information Rights: Additional information rights beyond statutory requirements
7. Multiple Currencies: Required when the product involves multiple currencies
8. Intermediary Provisions: When financial intermediaries are involved in the structure
1. Product Terms Schedule: Detailed terms of the equity-linked product including pricing and calculations
2. Underlying Assets: Details of the underlying equity instruments or indices
3. Calculation Methods: Detailed calculation methodologies and formulae
4. Form of Notices: Standard forms for various notices under the agreement
5. KYC Requirements: Required documentation for German regulatory compliance
6. Risk Factors: Detailed description of all applicable risk factors
7. Fee Schedule: Breakdown of all applicable fees and charges
8. Tax Documentation: Required tax forms and documentation
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