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Credit Default Swap Agreement for the United States

Credit Default Swap Agreement Template for United States

A Credit Default Swap Agreement is a sophisticated financial contract governed by U.S. law that establishes the terms and conditions under which one party provides credit protection to another party in exchange for periodic payments. The agreement details credit events, settlement procedures, and regulatory compliance requirements under the Dodd-Frank Act and CFTC regulations. It includes provisions for reporting, clearing obligations, risk disclosures, and follows ISDA standardized documentation practices while incorporating specific requirements for U.S. jurisdiction compliance.

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What is a Credit Default Swap Agreement?

The Credit Default Swap Agreement is essential for parties seeking to manage credit risk exposure in financial transactions under U.S. jurisdiction. This document is used when one party (the protection buyer) wishes to transfer the credit risk of a reference entity to another party (the protection seller) in exchange for regular premium payments. The agreement must comply with comprehensive U.S. regulatory requirements, including the Dodd-Frank Act, CFTC regulations, and applicable SEC rules. It typically follows ISDA standard documentation while incorporating jurisdiction-specific provisions for U.S. law compliance, reporting obligations, and clearing requirements. The document is crucial for financial institutions, investment firms, and corporations engaging in credit risk management strategies.

What sections should be included in a Credit Default Swap Agreement?

1. Parties: Identification of the contracting parties, including registration status and regulatory classifications

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms used in the agreement, incorporating ISDA definitions by reference

4. Transaction Terms: Core economic terms including reference entity, obligations, credit events, and settlement methods

5. Payment Obligations: Premium payments, calculation methods, and payment dates

6. Credit Events: Detailed specifications of triggering events and determination process

7. Settlement: Physical or cash settlement procedures, valuation methods, and delivery requirements

8. Representations and Warranties: Standard and regulatory-required representations from both parties

9. Covenants: Ongoing obligations including reporting, clearing, and regulatory compliance

10. Events of Default: Circumstances constituting default and corresponding remedies

11. Term and Termination: Duration, early termination rights, and close-out procedures

12. Governing Law and Jurisdiction: Choice of law and dispute resolution provisions

What sections are optional to include in a Credit Default Swap Agreement?

1. Clearing Requirements: Required if the CDS is subject to mandatory clearing under Dodd-Frank

2. Special Entity Provisions: Required when dealing with government entities or pension plans

3. Additional Tax Provisions: Required for cross-border transactions or special tax situations

4. Break Clauses: Optional provisions allowing periodic termination rights

5. Credit Support Requirements: Optional collateral and margin provisions if not covered by separate CSA

6. Third-Party Rights: Required if certain terms are enforceable by non-parties

7. Agent Provisions: Required when either party acts through an agent

What schedules should be included in a Credit Default Swap Agreement?

1. Transaction Confirmation: Detailed economic terms of the specific CDS transaction

2. Reference Entity Description: Detailed information about the reference entity and reference obligations

3. Credit Support Annex: Collateral and margin requirements if not covered by existing CSA

4. Calculation Agent Provisions: Detailed procedures for calculations and determinations

5. Standard Settlement Terms: ISDA standard terms for settlement procedures

6. Form of Notices: Templates for credit event notices, physical settlement notices, etc.

7. Eligible Transferee Provisions: Requirements for permitted assignments and transfers

8. Regulatory Reporting Requirements: Specific reporting obligations and procedures

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Credit Agreement

Sector

Banking

Cost

Free to use

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