Total Return Swap Agreement Sample Contracts

BRH IV-B AGREEMENT TOTAL RETURN SWAP AGREEMENT
Total Return Swap Agreement • January 23rd, 2012 • Brookfield Retail Holdings LLC • Real estate • Delaware

THIS TOTAL RETURN SWAP AGREEMENT (this “Swap Agreement”), dated as of October 25, 2010, is by and among Brookfield US REP TRS LLC, a Delaware limited liability company (“Party A”) and Brookfield REP Investments IV-B LLC, a Delaware limited liability company (“Party B”, and together with Party A, the “Parties”) and, solely with respect to Section 8 hereof, Brookfield Asset Management Inc., an Ontario corporation (the “Guarantor”).

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Total Return Swap Agreement • June 27th, 2004

A total return swap (TRS), sometimes known as a total rate of return swap or TR swap, is an agreement between two parties that exchanges the total return from a financial asset between them. This is designed to transfer the credit risk from one party to the other. It is one of the principal instruments used by banks and other financial instruments to manage their credit risk exposure, and as such is a credit derivative. They are used as credit risk management tools, and also as synthetic repo instruments for funding purposes. One definition of a TRS is given in Francis etal. (1999), which states that a TRS is a swap agreement in which the total return of a bank loan or credit-sensitive security is exchanged for some other cash flow, usually tied to Libor or some other loan or credit-sensitive security.

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