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Loan Swap Agreement for the United Kingdom

Loan Swap Agreement Template for England and Wales

A Loan Swap Agreement is a financial contract governed by English and Welsh law that enables parties to exchange one set of loan payment obligations for another, typically converting floating rate payments to fixed rate payments or vice versa. The agreement encompasses detailed provisions for payment calculations, events of default, early termination, and collateral arrangements, while complying with UK financial services regulations and incorporating standard ISDA documentation principles.

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What is a Loan Swap Agreement?

The Loan Swap Agreement serves as a critical risk management tool in financial markets governed by English and Welsh law. This document is typically employed when borrowers wish to hedge interest rate exposure on existing loans, providing a mechanism to transform floating rate obligations into fixed rate payments or vice versa. The agreement incorporates comprehensive terms covering payment mechanics, default scenarios, termination rights, and credit support arrangements, while ensuring compliance with UK financial regulations and ISDA standards. It is particularly relevant in the context of large corporate loans, real estate financing, and infrastructure project finance.

What sections should be included in a Loan Swap Agreement?

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the swap agreement

3. Definitions: Key terms used throughout the agreement

4. Swap Terms: Core terms including notional amount, interest rates, payment dates

5. Payment Provisions: Details of payment calculations and mechanics

6. Events of Default: Circumstances constituting default and consequences

7. Termination Provisions: Conditions and process for early termination

What sections are optional to include in a Loan Swap Agreement?

1. Credit Support: Collateral arrangements - used when parties require collateral posting

2. Break Clauses: Optional termination rights - used when parties want flexibility to terminate early

3. Tax Provisions: Specific tax treatment agreements - used when cross-border elements exist

What schedules should be included in a Loan Swap Agreement?

1. Transaction Confirmation: Detailed economic terms of the swap

2. Calculation Agent Provisions: Detailed calculation methodologies

3. Credit Support Annex: Detailed collateral arrangements if applicable

4. Form of Notices: Template forms for various notices under the agreement

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions






































Clauses






























Industries

Financial Services and Markets Act 2000: Primary legislation that regulates financial services and markets in the UK, contains provisions about regulated activities, and sets requirements for authorized persons

Financial Services Act 2012: Updates to the financial regulation framework and establishes key regulatory bodies in the UK financial sector

Consumer Credit Act 1974: Legislation covering consumer protection provisions and credit regulation, applicable if dealing with retail clients

FCA/PRA Regulations: Regulatory framework including Financial Conduct Authority rules, Prudential Regulation Authority requirements, and EMIR reporting obligations

MiFID II/MiFIR UK Implementation: Post-Brexit UK implementation of European financial markets regulation, covering transaction reporting, best execution, and client categorization requirements

ISDA Documentation Requirements: Standard documentation framework including ISDA Master Agreement considerations and Credit Support documentation requirements

UK Market Abuse Regulation: Regulations governing the handling of inside information and prevention of market manipulation

Anti-Money Laundering Regulations: Including Money Laundering Regulations 2017 and Proceeds of Crime Act 2002, setting requirements for preventing financial crime

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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