Mémoire sur CDS (annexe, exemple de contrat OTC)

1. Date:
To: Counterparty
Address
Attention:
Facsimile:
From: Bank of Montreal
11 Walbrook, 2nd Floor
London EC4N 8ED
Facsimile: XXXXX
Re: Credit Derivative Transaction
Bank of Montreal Reference:
Dear Sir or Madam:
The purpose of this letter (this “Confirmation”) is to confirm the terms and conditions of the Credit
Derivative Transaction entered into between us on the Trade Date specified below (the “Transaction”). This
Confirmation constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below.
The definitions and provisions contained in the 1999 ISDA Credit Derivatives Definitions, as supplemented by
the Restructuring Supplement dated May 11, 2001, the Supplement Relating to Convertible, Exchangeable or
Accreting Obligations dated 9 November, 2001, and the Supplement Relating to Successor and Credit Events dated 28
November, 2001, (the “Credit Derivatives Definitions”) as published by the International Swaps and Derivatives
Association, Inc., are incorporated into this Confirmation. In the event of any inconsistency between the Credit
Derivatives Definitions and this Confirmation, this Confirmation will govern.
This Confirmation supplements, forms a part of, and is subject to the ISDA Master Agreement dated as of
TBD, as amended and supplemented from time to time (the “Agreement”), between you and us. All provisions
contained in the Agreement govern this Confirmation except as expressly modified below.
Each party represents to the other party that it has full legal capacity to enter into this transaction and has
obtained all legal and regulatory consents, licenses, authorizations and permissions, (including, but without
prejudice to the generality of the foregoing, legal, accounting and tax opinions, and directors and shareholders
approvals) necessary to execute, settle, and otherwise complete or perfect this transaction, and that the employees or
agents of each party negotiating and concluding this transaction are authorized to do so in accordance with the law,
regulation and internal policies pertaining to each party. Each party further represents to the other that it fully
understands the transaction, its risks, consequences and outcomes, and has sought, as necessary, independent advice
from suitably qualified persons to satisfy itself that that the transaction is appropriate and suitable for it. Each party
enters into this transaction having made its own assessment of the merits of the transaction (including the advice
referred to above). Neither party has given any guarantee or assurance to the other as to the risks, consequences or
outcomes of this transaction. Each party is acting as principal on its own behalf, and not on behalf of any other
person.

2. The terms of the Transaction to which this Confirmation relates are as follows:
1. General Terms:
Trade Date: XXXXXX
Effective Date: 1 business day after the Trade Date
Scheduled Termination Date: XXXXXX
Floating Rate Payer: Counterparty (the “Seller”)
Fixed Rate Payer: Bank of Montreal (the “Buyer”)
Calculation Agent: Seller
Calculation Agent City: London
Business Day: London and New York, for the purposes of Physical
Settlement, if applicable, a day in any other jurisdiction in
which a bank must be open in order to effect settlement of any
Deliverable Obligation(s) being Delivered in the Portfolio.
Modified Following (which shall apply to any date referred to
Business Day Convention:
in this Confirmation that falls on a day that is not a Business
Day).
Corp.
Reference Entity:
The obligation identified as follows:
Reference Obligation:
Primary Obligor: Corp
Maturity: XXXXXX
Coupon: 7%
CUSIP/ISIN: USXXX
Original Issue Amount: USD 1,000,000,000
100%
Reference Price:
2. Fixed Payments:
USD 10,000,000
Fixed Rate Payer Calculation Amount:
Qaurterly
Fixed Rate Payer Payment Dates:
Fixed Rate: .XX% per annum
Actual/360
Fixed Rate Day Count Fraction
3. Floating Payment:
2

3. Floating Rate Payer Calculation Amount: USD 10,000,000
Conditions to Payment: Credit Event Notice
Notifying Party: Buyer or Seller
Notice of Intended Physical Settlement
Notice of Publicly Available Information Applicable
Public Sources: Standard Public Sources
Specified Number: 2
Credit Events: The following Credit Events shall apply to this Transaction:
Bankruptcy
Failure to Pay
Payment Requirement: USD 1,000,000 or its equivalent in
the relevant Obligation Currency as of the occurrence of the
relevant Failure to Pay.
Restructuring (including the terms of the Restructuring
Supplement dated 11 May 2001)
Default Requirement: USD 10,000,000 or its equivalent in
the relevant Obligation Currency as of the occurrence of
the relevant Credit Event.
Obligations:
Obligation Category: Borrowed Money
Obligation Characteristics: None
4. Settlement Terms:
Settlement Method: Physical Settlement
Terms Relating to Physical Settlement:
Physical Settlement Period: The longest of the number of Business Days for settlement in
accordance with then current market practice of any Deliverable
Obligation being Delivered in the Portfolio, as determined by the
Calculation Agent after consultation with the parties, not to exceed 30
Business Days
Portfolio: Exclude Accrued Interest
Deliverable Obligations:
3

4. Deliverable Obligation Category: Bond or Loan
Deliverable Obligation
Characteristics: Pari Passu Ranking
Specified Currency: Standard Specified Currencies
Not Contingent
Assignable Loan
Consent Required Loan
Transferable
Maximum Maturity: 30 years
Not Bearer
Restructuring Maturity Limitation Applicable
Escrow: Applicable
5. Dispute Resolution: Applicable
6. Notice and Account Details:
Notice and Account Details for Bank of Montreal, London:
Credit Event Notices: Bank of Montreal, London
Attn: Credit Derivatives Trading Group
Telephone: XXXXXXX
Facsimile: XXXXXXXX
Settlements and Payments: Bank of Montreal
Credit Derivatives Operations and Settlements
Attn: XXXXX
Telephone: XXXXX
Facsimile: XXXXX
Account Details: Harris Bank International, New York
Swift Addess: XXXXXXX
References: Bank of Montreal, London
Account Number: XXXXXX
Notice and Account Details for Counterparty:
Notices: Counterparty
Attn:
Telephone:
Facsimile:
Account Details:
7. Offices
Seller: Bank of Montreal, London
4

5. 11 Walbrook 2nd floor
London EC4N 8ED
UNITED KINGDOM
Buyer: Counterparty
Please confirm your agreement to be bound by the terms of the foregoing by executing a copy of this
Confirmation and returning it to us by facsimile on XXXXXX.
Yours sincerely,
BANK OF MONTREAL
By:_________________________
Name: XXXXXX
Title: Senior Manager, Confirmations
Confirmed on the date first above written:
Counterparty
By:______________________
Name:
Title:
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