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Account Receivable Purchase Agreement
"Need an Account Receivable Purchase Agreement for an Australian mining company selling receivables to a Singapore-based financial institution, with credit insurance requirements and a facility limit of AUD 50 million."
1. Parties: Identifies the seller (original creditor) and purchaser (factor) of the receivables
2. Background: Sets out the context of the agreement, including the seller's business and the purpose of the receivables purchase arrangement
3. Definitions: Defines key terms used throughout the agreement, including 'Eligible Receivables', 'Purchase Price', 'Discount Rate', etc.
4. Purchase and Sale: Core provisions regarding the sale and assignment of receivables, including the true sale nature of the transaction
5. Purchase Price and Payment: Details the calculation of purchase price, discount rate, and payment mechanics
6. Eligibility Criteria: Specifies the criteria that receivables must meet to be eligible for purchase
7. Representations and Warranties: Seller's representations regarding their business, authority, and the receivables being sold
8. Covenants: Ongoing obligations of the seller, including maintenance of records and notification requirements
9. Servicing Arrangements: Provisions regarding the collection and administration of the purchased receivables
10. Events of Default: Circumstances constituting default and consequences thereof
11. Termination: Provisions for ending the agreement and post-termination obligations
12. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.
1. Credit Insurance: Required when receivables are covered by credit insurance, specifying requirements and arrangements
2. Cross-Border Provisions: Needed when the receivables or debtors are located in different jurisdictions
3. Electronic Trading Platform: Required when the parties use an electronic platform for receivables trading
4. Reserve Account: Used when a reserve mechanism is implemented to secure the seller's obligations
5. Debtor Notification: Specific provisions regarding if and when debtors should be notified of the assignment
6. Guarantees: Required when there are parent company or third-party guarantees
7. Subordination: Needed when there are other creditors requiring subordination arrangements
8. Recourse Provisions: Optional provisions specifying any recourse rights against the seller
1. Eligibility Criteria Details: Detailed list of criteria for acceptable receivables
2. Form of Purchase Request: Template for seller to request purchase of receivables
3. Pricing Schedule: Detailed pricing methodology, discount rates, and fees
4. Approved Debtors: List of pre-approved debtors and their credit limits
5. Operating Procedures: Detailed procedures for day-to-day operations
6. Form of Reports: Templates for required reporting
7. Form of Notice of Assignment: Template for notifying debtors of the assignment
8. Required Documents: List of documents required for each receivable purchase
9. Service Level Requirements: Detailed servicing standards and requirements
Authors
Manufacturing
Wholesale Trade
Construction
Transportation and Logistics
Professional Services
Healthcare
Technology
Retail
Agriculture
Mining and Resources
Energy
Telecommunications
Finance
Legal
Treasury
Credit Management
Accounts Receivable
Operations
Risk Management
Compliance
Commercial
Business Development
Chief Financial Officer
Finance Director
Treasury Manager
Credit Manager
Accounts Receivable Manager
Commercial Director
Legal Counsel
Compliance Officer
Financial Controller
Working Capital Manager
Operations Manager
Risk Manager
Company Secretary
Business Development Manager
Relationship Manager
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