Share Lending Agreements are essential documents in U.S. financial markets, used when parties wish to facilitate securities lending transactions. These agreements, governed by U.S. federal and state securities laws, establish the framework for temporary transfers of securities, typically for purposes such as short selling, settlement coverage, or market making. A Share Lending Agreement includes detailed provisions on collateral requirements, fee structures, rights and obligations of parties, and termination conditions, while ensuring compliance with SEC regulations and Federal Reserve requirements.
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1. Parties: Identification of lender and borrower with full legal details
2. Background: Context and purpose of the share lending arrangement
3. Definitions: Key terms used throughout the agreement
4. Loan of Securities: Core terms of the lending arrangement
5. Collateral Requirements: Details of required collateral and maintenance
6. Rights and Obligations: Duties of both parties during the loan period
7. Fees and Payments: Lending fees and payment arrangements
8. Events of Default: Circumstances constituting default and consequences
9. Termination: Conditions and process for ending the agreement
1. Tax Provisions: Specific tax arrangements for cross-border lending - used in international transactions
2. Regulatory Compliance: Additional compliance requirements when parties are regulated entities
3. Market Disruption: Provisions for market disruption events - used for high-volume or sensitive securities
1. Schedule of Securities: List of securities available for lending
2. Collateral Schedule: Acceptable forms of collateral and valuations
3. Fee Schedule: Detailed breakdown of fees and calculations
4. Operating Procedures: Detailed procedures for loans and returns
5. Form of Loan Confirmation: Template for confirming individual loans
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