1.1 In these Terms: Rabobank. From: Coöperatieve Centrale Raiffeisen- Boerenleenbank B.A. (trading as Rabobank International) 2I January 2014
|
|
- Brittany Eaton
- 6 years ago
- Views:
Transcription
1 From: Coöperatieve Centrale Raiffeisen- Boerenleenbank B.A. (trading as Rabobank International) 2I January 2014 Dear Client Re: EMIR Terms for Over-the-counter (OTC) derivative contracts We høve prevíously entered into uncleared OTC derívative transøctions wìth you. Wíthout prejudice to, ønd in addítíon to, the terms of such exßtíng transøctíons and/or any master agreementt (a "Master Agreement")) thøt governs such trønsactions, we require that you sígn these Terms which will apply to our OTC derivøtíve trsding reløtionshíp going forwørd By acceptíng these Terms you agree to the terms øs set out herein from and including the date of such øcceptønce ønd you agree that any addítíonal provßíon, condítion or límitation whích you purport to mske to these Terms wíthout our wrítten agreement shall be null ønd void ín its entirety. 1.1 In these Terms: "Bank" means us. ' Being without any limitation a 7992 or 2002 ISDA Master Agreement, an Emissions Trading Master Agreement (as published by IETA), a European Master Agreement (as published by the EBF), a Convention Cadre relative aux Operations sur Instruments Financiers à Terme, a Deutsche Ländervertrag, a Deutsche Rahmenvertrag für Finanztermingeschäfte, a Contrato Marco de Operationes Financieras (CMOF), and the Overeenkomst Financiële Derivaten and Algemene Voorwaarden voor Financiële Derivaten (as used by Rabobank) and any Dutch general conditions and agreements in respect of OTC derivative transactions.
2 "Business Day" means a day on which commercial banks and foreign exchange markets settle payments and are open for general business in the principal place of business of the Bank and the principal place of business of the Client. "Client" means you. "Dispute Resolution Rules" means the dispute resolution provisions for OTC derivative transactions set out in Article 11(1Xb) of EMIR as elaborated in RTS 149, as the same may be amended or re-enacted from time to time. "EMIR" means Regulation (EU) No of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories, as amended or re-enacted from time to time. "EMIR Legislation" means EMIR and any delegated or implementing acts (including without limitation any regulatory technical standards or implementing technical standards) made under or pursuant to EMIR, as the same may be amended or reenacted from time to time. "lts 1247" means the Commission Implementing Regulation (EU) No of 19 December 2012 and published 2I December 2012 in the Official Joumal of the European Union (as amended or re-enacted from time to time). "Key Terms" means with respect to a Relevant Transaction such key terms as the Bank may reasonably determine from time to time andlor that follow from the Portfolio Reconciliation Rules. "OTC Transaction" means any "OTC derivative" or "OTC derivative contract" as defined in Article 2(7) of EMIR to which the Bank and the Client are both parties. "parties" means the Bank and the Client, and "party" means either one of them. "Portfolio Reconciliation Rules" means the portfolio reconciliation provisions for OTC derivative transactions set out in Article 11(1Xb) of EMIR as elaborated in RTS 149, as the same may be amended or re-enacted from time to time. "Relevant Transaction" means any OTC Transaction (a) subject to the Portfolio Reconciliation Rules, the Timely Conhrmation Rules, the Reporting Rules and/or the Dispute Resolution Rules (as the case may be) and (b) not a derivative traded on a regulated market, a multilateral trading facility or similar venue regardless of its location and (c) falls within the scope of the EMIR Legislation. "Reporting Rules" means the reporting provisions for Relevant Transactions, outstanding disputes and unconfirmed transactions as set out in or following from the EMIR Legislation (and in particular RTS 148 and ITS 1247). 2
3 "RTS 148" means the Commission Delegated Regulation (EU) No of 19 December 2012 and published on 23 February 2013 in the Ofhcial Journal of the European Union (as the same may be amended or re-enacted from time to time). "RTS 149" means the Commission Delegated Regulation (EU) No of 19 December 2012 and published on 23 February 2013 in the Official Journal of the European Union (as the same may be amended or re-enacted from time to time). "Timely Confirmation Rules" means the timely confirmation provisions for OTC derivative transactions set out in Article 11(1)(a) of EMIR as elaborated in RTS 149 (as the same may be amended or re-enacted from time to time). "Trade Repository" means a legal entity selected by the Bank from time to time that centrally collects and maintains the records of derivatives transactions and is registered or recognized in accordance with the EMIR Legislation andlor one or more systems or services operated by any such legal person, or in the absence of such a legal entity, the European Securities Markets Authority (ESMA). t r All words and expressions in these Terms which are not otherwise dehned herein shall have the same meaning as in the EMIR Legislation. If any provision of these Terms is held to be illegal, void, invalid or unenforceable under the laws of any relevant jurisdiction, the legality, validity and enforceability of the remainder of the Terms in that jurisdiction shall not be affected and the legality, validity and enforceability of the whole of these Terms will not be affected in any other jurisdiction. These Terms supplement and do not amend, modify or vary the terms of any OTC Transaction or any Master Agreement between the Client and the Bank that governs the execution of OTC Transactions. Subject to paragraph 1.5, the requirements of these Terms shall prevail and the parties agree that they shall comply with these Terms. If both parties have entered into (or are bound by) or at any time hereafter enter into (or become bound by) an agreement, protocol or other document (including but not limited to an ISDA Protocol or an ISDA Credit Support Annex) that also deals with (part of) the Dispute Resolution Rules, the Portfolio Reconciliation Rules, the Reporting Rules and/or the Timely Confirmation Rules in relation to the Relevant Transactions, and there is a conflict between the terms of that agreement, protocol or other document and these Terms, then the terms of such agreement, protocol or other document shall prevail. J
4 2. CLIENT REPRESENTATION AND COVENANT 2.1 The Client represents and warrants on the date of acceptance of these Terms and on each date on which the Client enters into a Relevant Transaction that it is: a non-financial counterparty as defined in Article 2(9) of EMIR that is below the clearing threshold as referred to in Article 10(1) of EMIR;and in compliance with its obligations under the EMIR Legislation. 2.2 z.j The Client must notifi'the Bank immediately in writing upon becoming aware that any representation in paragraph 2 is or will become incorrect or misleading and/or of any change in its classification under the EMIR Legislation, providing all relevant details as well as such other information as the Bank may require, acting reasonably and in good faith. The Client undertakes that, when it becomes aware that the representation in paragraph 2 is or will become incorrect or misleading, it shall take such actions as may be required to ensure that it will continue to comply with the EMIR Legislation. 2.4 Following the notification made under paragraph 2.2, the Bank can demand that the Client takes such measures as the Bank may reasonably require to ensure that it and the Bank are compliant with the EMIR Legislation and/or that the position (financial or otherwise) of the Bank is not adversely affected as a result of the representation set out in paragraph 2 not being or ceasing to be correct. The Client shall bear its own costs and expenses that are (to be) made in connection with the measures (including those reasonably made by or on behalf of the Bank). The Client shall further compensate the Bank for any adverse financial consequences which the Bank may reasonably suffer (determined by the Bank in good faith and in a commercially reasonable manner) as a result of the representation set out in paragraph 2 not being or ceasing to be correct (including compensation for additional or increased costs to the Bank or a reduced rate of return on the capital of the Bank). J. TIMELY CONFIRMATION PROCEDURE 3.1 Unless otherwise agreed in writing between the Bank and the Client, where the Bank enters into any Relevant Transaction for the purposes of the Timely Confirmation Rules: the Bank will provide the Client a confirmation setting out or incorporating by reference or otherwise all the terms of the contract as soon as reasonably practicable, and in any case before the relevant confirmation deadline determined in accordance with the Timely Confirmation Rules (the "Confirmation Deadline"); 4
5 3.1.2 the Client must notify the Bank, as soon as possible and in any event by the Confirmation Deadline, if it does not agree with the confirmation and notify the Bank of the reasons for its disagreement; and the Client will be deemed to have agreed to the confirmation if the Bank has not received notification of the Client's disagreement by the Confirmation Deadline. 3.2 If the Bank has sent the conf,rrmation setting out or incorporating by reference or otherwise all the terms of the contract after the relevant Confirmation Deadline, the Client will be deemed to have agreed to the conhrmation if the Bank has not received notification of the Client's disagreement within three (3) working days after receipt of the confirmation by the Client. J.J The parties agree that a failure by the Bank or the Client to comply with the provisions of paragraph 3.1 shall not invalidate any Relevant Transaction. 4. PORTFOLIO RECONCILIATION 4.r Unless otherwise agreed in writing between the Bank and the Client, in order to comply with the Portfolio Reconciliation Rules: the Bank will provide to the Client with the frequency (as determined in accordance with the Portfolio Reconciliation Rules) that applies to the Client and the Key Terms of each Relevant Transaction as well as the actual date of reconciliation; if the Client identifies one or more discrepancies which the Client determines, acting reasonably and in good faith, are material to the rights and obligations of the parties in respect of one or more Relevant Transaction(s), the Client will notify the Bank as soon as reasonably practicable and the parties will consult with each other in an attempt to resolve such discrepancies in a timely manner; and if the Client does not notify the Bank that the Key Terms contain discrepancies by the f,rfth (5th "nusiness Day following the date on which it received (or was deemed to have received) the Key Terms from the Bank, the Client will be deemed to have conhrmed the correctness of such Key Terms at that date. 5
6 5. DISPUTE IDENTIFICATION AND RESOLUTION PROCEDURE 5.1 Unless the parties have (in whole or in part) agreed that a different dispute resolution procedure applies in relation to the Relevant Transaction(s) (such as, without limitation, in any Master Agreement or credit support documentation), the parties agree to use the following procedure to identify and resolve any dispute between them either party may identify such a dispute by sending a notice which in the reasonable opinion of either or both of the parties is required to be subject to the dispute resolution procedure pursuant to the Dispute Resolution Rules: by (or any other means as agreed between the parties from time to time) to the other party which states that it is a dispute notice for the purposes of this paragraph 5.1 and which sets out in reasonable detail the issue (including, without limitation, the Relevant Transaction(s) to which the issue relates); on and following the date on which a notice referred to in paragraph is received by the other party (save that it with respect to a dispute, both parties deliver such a notice, the date on which the first in time of such notices are received), the parties will consult in good faith to resolve the dispute in a timely manner, including, without limitation, exchanging any relevant information, and by identifying and using any other process agreed between the parties in respect of such a dispute which can be applied to the subject of the dispute or, where no such agreed process exists or the parties agree that such agreed process would be unsuitable, determining and applying a resolution method for the dispute (including arbitration or binding advice); and with respect to any dispute that is not resolved within five Business Days after the notice set out inparcgraph is received by the relevant party, escalate issues internally to appropriately senior members of staff in addition to actions under Each party agrees that it will have internal procedures and processes in place to record and monitor any dispute for as long as the dispute remains outstanding (without prejudice to any longer retention period as may be required by applicable law or regulation). 6. REPORTING 6.1 The Client shall provide to the Bank promptly upon request all information that the Bank reasonably considers necessary in order to comply with its reporting obligations pursuant to the Reporting Rules. 6.2 The Bank will not report Relevant Transactions on the Client's behalf except if these Terms and a Client Reporting Service Agreement (in the form as provided by the Bank) have been executed by the Client, retumed to the Bank and signed for acceptance by the Bank. 6
7 6.3 If available in the Client's jurisdiction at the time of executing these Terms, the Client must obtain a temporary or final legal entity identifier ("LEI") and provide this to the Bank by inserting this information on the signature page hereof.'if a LEI becomes available in the Client's jurisdiction only after the Client executes these Terms, the Client shall provide the Bank with its LEI as soon as possible after it has become available. 6.4 Unless otherwise agreed between the Bank and the Client, the Client agrees to use the Bank's unique transaction identifier in connection with its reporting obligations under the Reporting Rules in relation to OTC Transactions. 7. NEW, SUPPLEMENTAL OR AMENDED EMIR OBLIGATIONS 7.r The parties recognise that the EMIR Legislation can from time to time impose new obligations or supplemental obligations on the parties in connection with the OTC Transactions, including (but not limited to) margin requirements andlor may amend existing obligations (such additional andlor amended obligations, the "Additional EMIR Obligations"). 7.2 The Client agrees that the Bank may change these Terms (including, for the avoidance of doubt, changes which have a material impact on the Client and impose material additional obligations on the Client) if the Bank, acting reasonably and in good faith, considers such changes necessary in order to comply with the EMIR Legislation in force or which is anticipated to come into force, from time to time. Any such changes shall be effective from and including the date the Bank provides the Client written notice of the relevant changes (the "Additional Requirements"). 7.3 If the Bank does not notify the Client of any Additional Requirements, this does not affect the Client's obligation to ensure that it and/or the OTC Transactions comply with any Additional EMIR Obligations and with the EMIR Legislation more generally. 8. CONFIDENTIALITY \ilaiver 8.1 Notwithstanding anything to the contrary in any non-disclosure, confidentiality or other agreement between the parties, each party hereby consents to the disclosure by the other party of information: to the extent required or permitted under the Reporting Rules or any other rules, orders or directives following from the EMIR Legislation or any other regulations which mandate reporting andlor retention of transaction information and similar information; or 2 Please use the following hyperlink for more information on obtaining a LEI: 7
8 8.1.2 to and between the other party's head office, branches or affiliates, or to any persons or entities who provide services to the Client, the Bank or the Client and the Bank jointly in connection with such Reporting Rules. 8.2 For the avoidance of doubt to the extent that applicable non-disclosure, confidentiality, bank secrecy, data privacy or other laws impose non-disclosure requirements on transaction and similar information required or permitted to be disclosed as contemplated herein but permits apafty to waive such requirements by consent, the consents and acknowledgements provided herein shall be a consent by the relevant party for purposes of such law; and each party acknowledges and agrees that its consent overrides and otherwise voids, with respect to the disclosure under paragraph 8.1, any existing privacy or confidentiality obligation of such party. 8.3 Each party represents and warrants that any third party to whom it owes a duty of confidence or whose consent or approval is required under the terms of any agreement in respect of the information disclosed to the other party has consented or given its approval to the disclosure of that information. 8.4 Each party further agrees and acknowledges that: disclosures made pursuant to this paragraph 8 may include, without limitation, the disclosure of trade information and pricing data (such as, inter alia, the other party's identity) to any Trade Repository, one or more systems or services operated by any Trade Repository or any national regulators and that such disclosures could result in such trade information and pricing data becoming available to the public or such regulators; for purposes of complying with regulatory reporting obligations, the other party may engage the services of a third party service provider or an entity that is affiliated with such other party to transfer trade information into a Trade Repository and that a Trade Repository may engage the services of a global trade repository regulated by one or more governmental regulators; and disclosures made pursuant to these Terms may be made to recipients in a jurisdiction other than that of the other party, including a jurisdiction that may not necessarily provide an equivalent or adequate level of protection for personal data as the other party's home jurisdiction. 8
9 9. INDEMNITY AND SET OFF Without prejudice and in addition to paragraph 2.4, the Client agrees with and undertakes to the Bank to indemnify the Bank against and to hold the Bank harmless from, any reasonable (determined by the Bank in good faith and in a commercially reasonable manner) damages, expenses, costs, and other liabilities (for the avoidance of doubt, including VAT and other taxes as well as any reasonable internal and external legal costs and expenses) that the Bank may suffer or incur as a result of the representation and warranty set out in paragraph 2 being incorrect or incomplete, or as a result of a failure by the Client to comply with any of its obligations under these Terms or the EMIR Legislation, unless such damages, expenses, costs and other liabilities are due solely to the Bank's gross negligence, willful default or fraud. The Bank shall at all times be entitled to set off all and any debts receivable by the Bank from the Client hereunder, whether or not due and payable and whether or not contingent, against any debts owed by the Bank to the Client, whether due and payable or not, regardless of the currency in which such debts are denominated. If, however the Client's debt to the Bank or the Bank's debt to the Client is not yet due and payable - and provided that the Client's debt and the Bank's debt are expressed in the same currency - the Bank shall not exercise its right of set-off except in the event of an attachment being levied upon the Bank's debt to the Client or recovery being sought from such debt in any other way, or in the event that a restricted right is created thereon or the Client assigns the Bank's debt to a third party (other than under universal title), or the Client is declared bankrupt, or has entered into a moratorium of payments or another insolvency regulation or statutory debt repayment arrangement applies to the Client. The Bank shall for this purpose be entitled to convert any amount denominated in a cuffency other than EUR (the "Base Currency") into the Base Currency at the prevailing rate of exchange at the time of conversion (as determined by the Bank acting in good faith and in a reasonable manner). 10. NOTICES A notice under or in connection with these Terms (a "Notice") shall be in writing, in the English language and shall be sent by to the party due to receive the Notice as follows: (Ð if sent to the Bank: (A) for the purpose of general questions/notices to: EMlR@Rabobank.com (B) for the purpose of disputes in respect of portfolio reconciliation to: PortfolioRec. Disputes@rabobank. com (C) for the purpose of disputes in respect of timely confirmation to: UTFXMM@rabobank.com in respect of forward exchange transactions (including non-deliverable forwards) and to DerivativesSalesSupport@rabobank.com in respect of any other transactions. 9
10 (ið if sent to the Client: to the address provided by the Client in on the signature page or if the Client has not provided such details the address provided to the Bank in connection with the relevant OTC Transaction(s), or to another address specified by that party by not less than seven days' written notice to the other party LA\il AND JURISDICTION These Terms and any non-contractual obligations arising out of or in connection with these Terms are governed by (a) the same law that governs the Master Agreement, if any, under which the OTC Transactions are entered into or, (b) if the OTC Transactions are not entered into under a Master Agreement, English law. li.2 The parties hereto agree that the dispute settlement procedure that applies to the OTC Transactions (including those included in the Master Agreement, if any) shall also apply to any dispute which arise out of or in connection with these Terms, provided that if the terms of the OTC Transactions provide for more than one dispute settlement procedure or if the OTC Transactions do not provide for a dispute settlement procedure, any dispute which arise out of or in connection with these Terms shall be brought before the competent court in Amsterdam, The Netherlands. Please sign these Terms where indicated below and retum the document by to the following address : emir.documentation@rn.rabobank.nl Yours faithfully, ON BEHALF OF THE BANK Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A. (trading as Rabobank International) Name: Name: V/^ Jàzzb,' ùøtt14 (qt zc/ 10
11 I/ We agree to these Terms BLOCK A Signed by duly authorised representatives for and on behalf of 1. Full legal name I 2. Signature 3. Name 4. Position at company lentity And 5. Signature 6. Name 7. Position at companylentity 8. Date 9. LEI 3 Insert name of company/entity BLOCK B Contact details for the purpose of Clause l0 (Notices): Address Contact details for the purpose of Portfolio Reconciliation / Portfolio overview access o 3. Name recipient: 4. address recipient: a The Portfolio Reconciliation / overview process will replace the existing process of Mtm valuations you curently (might) receive on a regular basis. So please frll in the add ess(es) of people who need to have access to the portfolio overviews and Mtm valuations. ll
12 t2 Rabobank
EMIR Reporting Service
EMIR Reporting Service Special Terms and Conditions Global Markets 1 Applicability The following special terms and conditions (these Special Terms and Conditions), annexed to the Bank s Terms and Conditions
More informationANNEXE 14 MASTER PLEGDE AGREEMENT FOR CREDIT CLAIMS
ANNEXE 14 MASTER PLEGDE AGREEMENT FOR CREDIT CLAIMS does not occur, the Event of Default shall be deemed to occur upon the expiration of such period. (b) Default Rate means the legal interest rate applicable
More informationan asset, usually with minimal upfront committed capital, and they may be highly leveraged;
SCHEDULE G: EXCHANGE TRADED DERIVATIVES Subject to this Schedule, we will enter into derivative contracts for you, the execution of which will take place on Exchanges (as defined in clause 3 of this Schedule
More informationMaster Wakala Agreement for Investment
Master Wakala Agreement for Investment Master wakala agreement For investment Between (As the Muwakkil ) and (As the Wakil ) Contents description 1. Preamble 2. Definition and Interpretation 3. Terms and
More information1 In these Domestic Sub-Contract Conditions the following expressions and terms shall have the meanings given below:
DOMESTIC SUB-CONTRACT CONDITIONS These are the Domestic Sub-Contract Conditions referred to by the Articles of Agreement to which they are attached. In the event that these Domestic Sub-Contract Conditions
More informationSunrise Brokers LLP Standard Terms of Business 12 December 2017 (Updated at clause effective 25 May 2018 for GDPR)
Sunrise Brokers LLP Standard Terms of Business 12 December 2017 (Updated at clause 13.16 effective 25 May 2018 for GDPR) Index Sunrise Brokers LLP Standard Terms of Business 1. General Information 2. Applicable
More informationE D & F MAN CAPITAL MARKETS EXECUTION ONLY SERVICES TERMS OF BUSINESS
Version: 2018.01V E D & F MAN CAPITAL MARKETS EXECUTION ONLY SERVICES TERMS OF BUSINESS These terms of business, together with any accompanying documents (this "Agreement") set out the terms of business
More informationTerms of Business. For Intermediaries Trading Legg Mason Funds. Via Platforms
Terms of Business For Intermediaries Trading Legg Mason Funds Via Platforms August 2018 Terms of Business These Terms of Business set out the basis upon which the Company will accept and continue to accept
More informationISDA MARCH 2013 DF SUPPLEMENT 1
International Swaps and Derivatives Association, Inc. ISDA MARCH 2013 DF SUPPLEMENT 1 published on March 22, 2013, by the International Swaps and Derivatives Association, Inc. [This document illustrates
More informationSafekeeping and Administration Agreement. Dated. National Bank of Abu Dhabi PJSC. and. PO Box 4, Abu Dhabi, United Arab Emirates Tel: (02)
Safekeeping and Administration Agreement Dated National Bank of Abu Dhabi PJSC and National Bank of Abu Dhabi PJSC PO Box 4, Abu Dhabi, United Arab Emirates Tel: (02) 4105675 Table of Contents Page 1.
More informationISDA. International Swaps and Derivatives Association, Inc. EMU PROTOCOL (GREECE) published on 10th October, 2000
ISDA International Swaps and Derivatives Association, Inc. EMU PROTOCOL (GREECE) published on 10th October, 2000 by the International Swaps and Derivatives Association, Inc. The International Swaps and
More informationPCGH ZDP PLC as Lender. and. POLAR CAPITAL GLOBAL HEALTHCARE GROWTH AND INCOME TRUST PLC as Borrower INTRA-GROUP LOAN AGREEMENT
Final Form 2017 PCGH ZDP PLC as Lender and POLAR CAPITAL GLOBAL HEALTHCARE GROWTH AND INCOME TRUST PLC as Borrower INTRA-GROUP LOAN AGREEMENT 11/42524748_9 11/42524748_9 Herbert Smith Freehills LLP TABLE
More information1/5. General terms and conditions for payment services for Corporate Customers
1/5 1. Definitions 1.1 The following capitalised terms in these general terms and conditions for payment services for corporate customers shall have the following meanings: a Account: the account maintained
More informationDear Sirs Date : Country
LETTERS OF GUARANTEE / INDEMNITY APPLICATION: *Indicates mandatory information to be provided_ To : DBS BANK (CHINA) LIMITED ("Bank" or "You", which expression shall include its successors and/or assigns)
More informationEMIR Margin Rules for Uncleared OTC Derivatives Implementation and Proposed Implementation
Appendix 1 EMIR Margin Rules for Uncleared OTC Derivatives Implementation and Proposed Implementation Date EMIR Margin Rules for Uncleared OTC Derivatives Implementation and Proposed Implementation 15
More informationBUSINESS CONDITIONS FOR TRADING ON THE FINANCIAL MARKET
BUSINESS CONDITIONS FOR TRADING ON THE FINANCIAL MARKET 3 JANUARY1 JULY 2018 Citibank Europe plc, organizační složka CZECH REPUBLIC I. GENERAL PROVISIONS 1.1 Scope of Application. 1.1.1 These Business
More informationLMA MANDATE LETTER JOINT ARRANGERS - BEST EFFORTS. [Mandated Lead Arrangers' Logos/Headed Notepaper] [Date] Dear Sirs,
For the avoidance of doubt, this document is a non-binding recommended form. Its intention is to be used as a starting point for negotiation only. Individual parties are free to depart from its terms and
More informationCadwalader, Wickersham & Taft LLP
International Swaps and Derivatives Association, Inc. ISDA MARCH 2013 DF SUPPLEMENT 1 published on March [ ], 2013, by the International Swaps and Derivatives Association, Inc. 1 This March 2013 DF Supplement
More informationISDA 2016 BAIL-IN ARTICLE 55 BRRD PROTOCOL (Dutch/French/German/Irish/Italian/Luxembourg/Spanish/UK entity-in-resolution version)
International Swaps and Derivatives Association, Inc. ISDA 2016 BAIL-IN ARTICLE 55 BRRD PROTOCOL (Dutch/French/German/Irish/Italian/Luxembourg/Spanish/UK entity-in-resolution version) published on 14 July,
More informationGENERAL BANKING CONDITIONS 2009
GENERAL BANKING CONDITIONS 2009 This is a translation of the original Dutch text. This translation is furnished for the customer s convenience only. The original Dutch text will be binding and shall prevail
More informationOPTION TENDER RULES. 3. A Tender Offer must be made in a Tender Offer Notice in the form set out on the Create Bids Screen in Gemini.
Reference Number: 1.48 OPTION TENDER RULES INTRODUCTION 1. These Option Tender Rules ( Option Tender Rules ) detail the procedure by which a Tendering User may offer and National Grid may accept and exercise
More informationEMIR FAQ 1. WHAT IS EMIR?
EMIR FAQ The following information has been compiled for the purposes of providing an overview of EMIR and is not legal advice. The information is only accurate at date of publication and is subject to
More informationBARD.ANZGBC ANZ GENERAL BANKING CONDITIONS
BARD.ANZGBC.00113 ANZ GENERAL BANKING CONDITIONS INTRODUCTION These ANZ General Banking Conditions set out the terms on which the Bank provides its Customer with one or more Accounts and Services and must
More informationIT IS HEREBY AGREED Between IAAC and the Broker as follows:
IAAC, Inc. Broker s Agreement Agreement made this day of between IAAC, Inc., a New York Corporation with offices at 5784 Widewaters Parkway, 1 st Floor, Dewitt, New York 13214, representatives, successors
More informationASX Cleared OTC Derivatives Supplement. Introduction
ASX Cleared OTC Derivatives Supplement Introduction The Supplement is a sample which Clearing Participants and Clients might find useful in documenting the relationship between them with respect to clearing
More informationAuthorisation means an authorisation, consent, approval, resolution, licence, exemption, filing, notarisation, lodgement or registration.
USD540m subordinated loan agreement between DBS Bank (Hong Kong) Limited (the Borrower ) and DBS Group Holdings Ltd (the Lender ) Full terms and conditions 1 DEFINITIONS AND INTERPRETATION 1.1 Definitions
More information3. Confirmed understanding and acceptance of terms
COMMODITIES TRADING AGREEMENT Account Number: THIS AGREEMENT entered into this day of, 20 by and between: Al Dhafra Financial Broker a company duly organized and existing under the laws of U.A.E located
More informationAfrican Banking Corporation Limited Internet Banking Service Application Form for Companies
Limited Internet Banking Service Application Form for Companies PLEASE FILL IN DETAILS IN CAPITAL LETTERS ACCOUNT DETAILS Branch: :...(DD)...(MM)...(YY) Customer s Name CONTACT DETAILS Physical Address
More information1 Although the FXC and the FMLG are sponsored by the Federal Reserve Bank of New York, the IISBP are not
To: Adherents to the ISDA Derivatives/FX PB Business Conduct Allocation Protocol From: Foreign Exchange Committee and Financial Markets Lawyers Group Date: July 29, 2014 Re: Intermediated FX Prime Brokerage
More information1/6. Credit Europe Conditions for Services in Financial Instruments. 1. Definitions
1/6 1. Definitions Account: the account maintained by the Customer with Credit Europe to which the Financial Instruments and cash are debited or credited; Agreement: the Agreement for Services in Financial
More informationICAP Securities Limited (DIFC Branch) Terms of Business for Market Counterparties
ICAP Securities Limited (DIFC Branch) Terms of Business for Market Counterparties 1. COMMENCEMENT 1.1 These terms of business (the "Terms"), as amended from time to time, define the basis on which we will
More informationHarmonised Business Conditions
Harmonised Business Conditions General Part 1. Interpretation 1.1 Scope of Interpretation The Harmonised Business Conditions apply to all present and future relations between the Bank and the Customer,
More informationCOMPOSITE STATEMENT FAX INDEMNITY
COMPOSITE STATEMENT 148. The Bank will send to the Account holder each month (or as specified by the Account holder) statements of account showing the transactions and balances in relation to all HSBC
More informationElectricity Concession Contract
Electricity Concession Contract ELECTRICITY CONCESSION CONTRACT TABLE OF CONTENTS 1 SCOPE OF CONCESSION... 1 1.1 Concession... 1 1.2 Back up generation... 1 1.3 Self generation... 1 2 SERVICE COVERAGE
More informationGlobal Transaction Banking MiFID Terms
Global Transaction Banking MiFID Terms You are being sent these Global Transaction Banking MiFID Terms (the Terms ) in your capacity as a client (the Client ) receiving services from (or through) or entering
More informationQuestions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR)
Questions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR) 11 November 2013 ESMA/1633 Date: 11 November 2013 ESMA/2013/1633
More informationInternational Swaps and Derivatives Association, Inc. ISDA 2018 BENCHMARKS SUPPLEMENT PROTOCOL
International Swaps and Derivatives Association, Inc. ISDA 2018 BENCHMARKS SUPPLEMENT PROTOCOL published on December 10, 2018 by the International Swaps and Derivatives Association, Inc. The International
More informationQuestions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR)
Questions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR) 4 February ESMA/2016/242 Date: 4 February 2016 ESMA/2016/242
More informationc) "Bank Subsidiary" means the subsidiary or subsidiaries of the Bank which may from time to time be specified by the Bank to the Customer; ;
TERMS AND CONDITIONS FOR I&M BANK'S INTERNET BANKING 1.Definitions and interpretation 1.1 In these Terms and Conditions unless the context otherwise requires: a) "Bank" means I & M Bank Limited, incorporated
More informationQuestions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR)
Questions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR) 14 December 2017 ESMA70-1861941480-52 Date: 14 December
More informationTERMS OF BUSINESS FOR INTERMEDIARIES
WHAT IS THE PURPOSE OF THIS DOCUMENT? Set out in this document are the Terms of Business upon which Partnership will deal with Intermediaries. It is important that as an Intermediary you read and fully
More information1 (9) Nordea Markets terms and conditions for exchange traded derivatives I The scope of the terms and conditions and definitions
1 (9) for exchange traded derivatives 01.2018 I The scope of the terms and conditions and definitions 1. Background, purpose and scope of the terms and conditions These terms and conditions and the cover
More informationAUCTION TERMS FOR F&O DEFAULT AUCTIONS INDEX
AUCTION TERMS FOR F&O DEFAULT AUCTIONS INDEX 1. INTRODUCTION... 2 2. THE AUCTION PROCESS... 4 3. THE BIDDING PROCESS... 6 4. PARTICIPATION BY CUSTOMERS AND SPONSORED PRINCIPALS IN THE AUCTION... 7 5. SELECTION
More informationTERMS OF BUSINESS PROFESSIONAL CLIENT AND ELIGIBLE COUNTERPARTIES
1 GENERAL TERMS OF BUSINESS PROFESSIONAL CLIENT AND ELIGIBLE COUNTERPARTIES 1.1 Scope: Subject to clause 1.2 below, these Terms of Business and the attached Annexes are legally binding and govern your
More informationFinancial Markets Lawyers Group. The British Bankers Association EMU PROTOCOL. published on 8 th October, 1998
Financial Markets Lawyers Group The British Bankers Association EMU PROTOCOL published on 8 th October, 1998 The Financial Markets Lawyers Group ( FMLG ) has published this EMU Protocol (this Protocol
More informationDFI FUNDING BROKER AGREEMENT Fax to
DFI FUNDING BROKER AGREEMENT Fax to 916-848-3550 This Wholesale Broker Agreement (the Agreement ) is entered i n t o a s o f (the Effective Date ) between DFI Funding, Inc., a California corporation (
More informationSample Investment Management Agreement
FINAL June 2016 Sample Investment Management Agreement Updated and Approved by the PMAC Practices & Standards Committee and Borden Ladner Gervais LLP This sample investment management agreement ( IMA )
More informationInformation Statement in accordance with Article 15 of the Securities Financing Transactions Regulation
Information Statement in accordance with Article 15 of the Securities Financing Transactions Regulation This Information Statement is provided for information purposes only and does not amend or supersede
More informationCustomers wishing to receive the MiFIR Data Service are required to register using this Registration Form.
MiFIR Data Service Registration Form and Terms & Conditions The revised EU Markets in Financial Instruments Directive (MiFID II) and the accompanying EU Markets in Financial Instruments Regulation (MiFIR)
More informationSAMPLE ENGAGEMENT LETTER FOR BRPs
Practice note # 2 SAMPLE ENGAGEMENT LETTER FOR BRPs Date: 7.3.15 (DATE) The Directors (Client Name) Dear Sirs Business Rescue Proceedings Thank you for appointing BRP s Name ( BRP ) of Name of BRP s Company(
More informationGENERAL TERMS A. THE SCOPE OF THIS AGREEMENT - 1- RISK NOTICE
GENERAL TERMS RISK NOTICE We provide services for trading derivative financial contracts. Our contracts are traded on a margin or leverage basis, a type of trading which carries a high degree of risk to
More informationNAB EQUITY LENDING. Facility Terms
NAB EQUITY LENDING Facility Terms This document contains important information regarding the terms and conditions which will apply to your NAB Equity Lending Facility. You should read this document carefully
More informationFRENCH FINANCIAL TRANSACTIONS TAX PROTOCOL
NEW PROTOCOL 2017 Published 1 August 2017 FRENCH FINANCIAL TRANSACTIONS TAX PROTOCOL 1. INTRODUCTION 1.1 This Protocol is published by the Association for Financial Markets in Europe (AFME). Its purpose
More informationClient Agreement & Terms and Conditions for Business
Client Agreement & Terms and Conditions for Business Important Information Defined Terms Account means the account you open with us in connection with the provision of the Services, and which is accessible
More informationMiFID II/MiFIR Data Services Agreement
MiFID II/MiFIR Data Services Agreement Published 07.11.2017 Leipzig Ref. 0002A 1. General Information 3 2. Subscription Form for MiFID II/MiFIR Data Services 4 2.1. Reporting Participant details 4 2.2.
More informationMizuho Bank, Ltd., London Branch. Terms of Business
Mizuho Bank, Ltd., London Branch Terms of Business Mizuho Bank, Ltd., London Branch Terms of Business Structure of these Terms of Business These Terms of Business ( Terms ) are divided into two sections:
More informationOur Investment Services
Our Investment Services Nordea Bank S.A. 1 Our Investment Services General Provisions and Special Provisions for: Advisory Service, Discretionary Portfolio Management Service and Execution Service January
More information2018 Limelight Networks, Inc. All Rights Reserved
Terms of Service These Terms of Service are between Limelight Networks, Inc., its Affiliates and subsidiaries, (together, Limelight ) and the other signatory to the applicable Order Form ( Customer ).
More information/05/ Applicability.
4060 03/05/2018 Master Securities Lending Agreement for Interactive Brokers LLC Fully-Paid Lending Program This Master Securities Lending Agreement ("Agreement") is entered into by and between Interactive
More information10 January ISDA Australian Risk Mitigation Agreement FAQs
10 January 2018 ISDA Australian Risk Mitigation Agreement FAQs ISDA has prepared this list of frequently asked questions to assist in your consideration of the Agreement relating to APRA Risk Mitigation
More informationCredit Card Terms & Conditions
These Sagicor Bank Credit Card Terms and Conditions (the Agreement ) state the terms and conditions under which any Sagicor Bank Credit Card is issued to you. By accepting and using the Sagicor Bank Credit
More informationSagicor Bank Credit Card Terms & Conditions
Sagicor Bank Credit Card Terms & Conditions These Sagicor Bank Credit Card Terms and Conditions (the Agreement ) state the terms and conditions under which any Sagicor Bank Credit Card is issued to you.
More informationExplanatory memorandum to the form of the ISDA EMIR Classification Letter
Explanatory memorandum to the form of the ISDA EMIR Classification Letter International Swaps and Derivatives Association, Inc. ( ISDA ) has prepared this explanatory memorandum to assist in your consideration
More informationOur Investment Services
Our Investment Services Nordea Bank S.A. 1 Our Investment Services General Provisions and Special Provisions for: Advisory Service Discretionary Portfolio Management Service Execution Services January
More informationQuestions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR)
Questions and Answers Implementation of the Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR) 5 August 2013 ESMA/1080 Date: 5 August 2013 ESMA/2013/1080
More informationDirect Clearing Client Agreement
C Direct Clearing Client Agreement Direct Clearing Client: [insert name of Direct Clearing Client] DIRECT CLEARING CLIENT AGREEMENT Notice Please ensure that this document when executed does not contain
More informationTERMS AND CONDITIONS GOVERNING PERSONAL LOAN
TERMS AND CONDITIONS GOVERNING PERSONAL LOAN In consideration of Standard Chartered Bank (Vietnam) Limited (the Bank ) offering the Personal Loan and/or Secured Wealth Lending Facility to the Borrower
More informationTERMS AND CONDITIONS FOR HANG SENG FX AND PRECIOUS METAL MARGIN TRADING SERVICES / HANG SENG ADVANCED FX AND PRECIOUS METAL MARGIN TRADING SERVICES
TERMS AND CONDITIONS FOR HANG SENG FX AND PRECIOUS METAL MARGIN TRADING SERVICES / HANG SENG ADVANCED FX AND PRECIOUS METAL MARGIN TRADING SERVICES MASTER AGREEMENT Note: These Terms and Conditions should
More informationTERMS OF BUSINESS. Any Enquiry or Application will be processed accordance with these Terms which you agree to these Terms.
TERMS OF BUSINESS Any Enquiry or Application will be processed accordance with these Terms which you agree to these Terms. 1. DEFINITIONS Application any application for a Mortgage Product submitted by
More informationTerms of Business. For United Kingdom independent financial advisers in respect of Legg Mason Funds ICVC
Terms of Business For United Kingdom independent financial advisers in respect of Legg Mason Funds ICVC June 2016 Terms of Business These Terms of Business set out the basis upon which the Company will
More informationTrader Agreement. 1 P age. SGTL TraderAgreement/2016
Trader Agreement In consideration of Sterling Gent Trading Ltd agreeing to carry one or more accounts of the undersigned ( Trader ) and providing services to Trader in connection with the purchase and
More informationDepositary Agreement. entered into between BNP Paribas Securities Services and Kempen Capital Management N.V
Depositary Agreement entered into between BNP Paribas Securities Services and Kempen Capital Management N.V. - 1 - CONTENTS 1. Definitions. Interpretation... 5 1.1 Definitions... 5 1.2 Interpretation...
More informationVersion: 2 December 2013 GENERAL TERMS FOR DEFAULT FUND CUSTODY ACCOUNTS
LEGAL#8771327v3 Version: 2 December 2013 GENERAL TERMS FOR DEFAULT FUND CUSTODY ACCOUNTS 1. APPLICATION 1.1 These General Terms for Default Fund Custody Accounts set forth certain terms and conditions
More informationISDA. International Swaps and Derivatives Association, Inc CHARTER COMMUNICATIONS CDS PROTOCOL. published on April 9, 2009
ISDA International Swaps and Derivatives Association, Inc. 2009 CHARTER COMMUNICATIONS CDS PROTOCOL published on April 9, 2009 by the International Swaps and Derivatives Association, Inc. The International
More informationMango Bay Properties & Investments dba Mango Bay Mortgage
WHOLESALE BROKER AGREEMENT This Wholesale Broker Agreement (the Agreement ) is entered into on this day of between Mango Bay Property and Investments Inc. dba Mango Bay Mortgage (MBM) and ( Broker ). RECITALS
More informationLet Alliance Letting Agent Terms & Conditions and Introducer Only Agreement
Let Alliance Letting Agent Terms & Conditions and Introducer Only Agreement Definitions: LA is Let Alliance Limited of Pulford, Chester,. Let Alliance is an Appointed Representative of Advent Solutions
More informationYour Agreement with Cofunds. Our commitment to service excellence
Your Agreement with Cofunds Our commitment to service excellence Overview of changes from the last version of Your Agreement With Cofunds Schedule 2 - we have added information regarding the Legal & General
More informationSAMPLE. 1.1 Drawing your Loan Unless otherwise agreed by Westpac NZ you can draw your Loan in one lump sum or in instalments.
Choices Everyday Home Loan Terms And Conditions, having its principal place of business at 16 Takutai Square, Auckland (Westpac NZ) may offer to provide Choices Everyday Home Loans (each a Loan) to you
More informationKGS-Alpha Capital Markets, L.P.
KGS-Alpha Capital Markets, L.P. TERMS OF BUSINESS Last Updated: December 10, 2014 (Effective: December 11, 2014) By doing business with KGS-Alpha Capital Markets, L.P. ( KGS ), You, the Customer, accept
More informationInvestment Management Terms
Investment Management Terms Praemium Administration Limited The Select Service December 2016 Please read this document and the Initial Investment Form carefully. These terms and conditions (the Terms ),
More informationMaster Securities Loan Agreement
Master Securities Loan Agreement 2017 Version Dated as of: Between: and 1. Applicability. From time to time the parties hereto may enter into transactions in which one party ( Lender ) will lend to the
More informationBANK OF AMERICA MERRILL LYNCH GENERAL TERMS & CONDITIONS OF BUSINESS FOR PROFESSIONAL CLIENTS AND ELIGIBLE COUNTERPARTIES
BANK OF AMERICA MERRILL LYNCH GENERAL TERMS & CONDITIONS OF BUSINESS FOR PROFESSIONAL CLIENTS AND ELIGIBLE COUNTERPARTIES These General Terms & Conditions of Business include this document, its Annexes
More informationDeed of Guarantee and Indemnity
Dated: Part A: The Parties Lender CHINA CONSTRUCTION BANK (NEW ZEALAND) LIMITED Address: Postal Address: PO Box 305 Shortland Street Auckland 1140 Level 16 Vero Centre 48 Shortland Street Auckland 1010
More informationACH Origination Agreement
ACH Origination Agreement Company Information Company Name Address City, State, Zip hereafter referred to as Company. This Agreement is made on this day of, 2 0, by and between Company and Lakeland Bank
More informationSchedule 1 COLLATERAL ASSIGNMENT AGREEMENT
Schedule 1 COLLATERAL ASSIGNMENT AGREEMENT For use outside Quebec BY: [Insert name of the Policy Owner], [address] (the Policy Owner ) TO AND IN FAVOUR OF: INDUSTRIAL ALLIANCE INSURANCE AND FINANCIAL SERVICES
More informationICE TRUST U.S. LLC STANDARD TERMS ANNEX TO THE ISDA MASTER AGREEMENT
ICE TRUST U.S. LLC STANDARD TERMS ANNEX TO THE ISDA MASTER AGREEMENT WHEREAS, ICE Participant and Counterparty have previously entered into that certain ISDA Master Agreement, dated as of the date specified
More informationACER XML Service for NYMEX Customers Registration Form and Terms & Conditions
ACER XML Service for NYMEX Customers Registration Form and Terms & Conditions The Exchange (NYMEX) will convert data reportable under REMIT held on its systems relating to your contracts executed and orders
More informationGRANT AGREEMENT BETWEEN ACCESSLEX INSTITUTE AND «ORGANIZATION_NAME»
GRANT AGREEMENT BETWEEN ACCESSLEX INSTITUTE AND «ORGANIZATION_NAME» This grant agreement, including all exhibits, amendments and schedules hereto ( Agreement ) between AccessLex Institute ( AccessLex ),
More informationTERMS AND CONDITIONS FOR CONVENTIONAL BUSINESSES
Conventional Business Terms All Products v6.0 TERMS AND CONDITIONS FOR CONVENTIONAL BUSINESSES The following terms and conditions for Businesses (Business Terms) explain the Beehive online platform (Beehive),
More informationTRANSCODIUM TNS TOKEN SALE TERMS
TRANSCODIUM TNS TOKEN SALE TERMS Last updated: March 12, 2018 PLEASE READ THESE TOKEN SALE TERMS CAREFULLY. NOTE THAT SECTIONS 14 AND 15 CONTAIN A BINDING ARBITRATION CLAUSE AND REPRESENTATIVE ACTION WAIVER,
More informationMASTER RETAIL REPURCHASE AGREEMENT
1 MASTER RETAIL REPURCHASE AGREEMENT THIS MASTER RETAIL REPURCHASE AGREEMENT is entered this day of..., 20..., BETWEEN: Victoria Mutual Wealth Management Limited, duly licensed securities dealer under
More informationCiti Supplier Finance Supplier Agreement and Supplier Setup Form Checklist
Citi Supplier Finance Supplier Agreement and Supplier Setup Form Checklist Automatic Discount IMPORTANT: PLEASE DO NOT DATE THE AGREEMENT OR SCHEDULES ANYWHERE CITIBANK WILL DATE THE DOCUMENT IN EVERY
More informationClient Service Agreement Terms and Conditions
Client Service Agreement Terms and Conditions Effective as at 26 March 2015 EZIDEBIT CLIENT SERVICE AGREEMENT - TERMS AND CONDITIONS 1. ENGAGEMENT AND TERM 1.1 You appoint Ezidebit as Your provider of
More informationCHAPTER 1 GENERAL RULES
CHAPTER 1 GENERAL RULES 1.1 COMPLIANCE WITH THE ACT The Clearing House, its Officers, employees and agents shall at all times comply with the Act and lawful directions given thereunder by the relevant
More informationGENERAL TERMS AND CONDITIONS APPLICABLE TO NORTHBOUND TRADING OF SHARES THROUGH CHINA CONNECT MARKET
This document is subject to change upon finalisation of the China Connect Rules. Neither these China Connect Terms nor any information contained herein constitutes or forms part of any offer or invitation
More informationLoan Contract. The party identified in the Specific Loan Terms as the borrower (you), as borrower
Loan Contract PARTIES The parties to this Loan Contract are: A B C The party identified in the Specific Loan Terms as the borrower (you), as borrower The party identified in the Specific Loan Terms as
More informationMANULIFE CARD (with MediPlus) TERMS AND CONDITIONS
MANULIFE CARD (with MediPlus) TERMS AND CONDITIONS DBS Bank (Hong Kong) Limited Manulife Card (with MediPlus) is managed by DBS Bank (Hong Kong) Limited Effective date: 15 th February 2010 CPF/CSV/0004
More informationHome Loan Agreement General Terms
Home Loan Agreement General Terms Your Home Loan Agreement with us, China Construction Bank (New Zealand) Limited is made up of two documents: A. This document called "Home Loan Agreement General Terms";
More informationFinancial Adviser (Agent as Client) Terms of Business
Financial Adviser (Agent as Client) Terms of Business BGC IST About this form These Terms are for use by a firm: What to do next These Terms of Business are the Indirect Customer Terms of Business ( Terms
More informationMARGIN TRADING AUSTRALIAN CUSTOMER AGREEMENT
MARGIN TRADING AUSTRALIAN CUSTOMER AGREEMENT TABLE OF CONTENTS 1. Introduction 02 2. The services we will provide and dealings between you and us 02 3. Conflicts of interest 03 4. Providing a quote and
More information