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Sell Buy Back Agreement
"I need a German law Sell Buy Back Agreement between Deutsche Bank AG as Seller and Commerzbank AG as Buyer for government bond transactions, with standard margin maintenance provisions and settlement procedures for transactions commencing January 2025."
1. Parties: Identification of the seller and buyer, including their legal status and registered addresses
2. Background: Context of the agreement and brief description of the transaction structure
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Sale and Repurchase: Core transaction terms including initial sale and commitment to repurchase
5. Purchase Price and Repurchase Price: Calculation methodology and payment terms for both legs of the transaction
6. Income Payments: Treatment of dividends, interest, or other income on the securities during the transaction period
7. Margin Maintenance: Provisions for maintaining agreed margin levels and margin transfer procedures
8. Representations and Warranties: Standard representations by both parties regarding capacity, authority, and securities
9. Events of Default: Definition of default events and consequences
10. Close-out and Set-off: Procedures for early termination and calculation of amounts due
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction details
1. Agency Provisions: Required when either party acts as agent for third parties
2. Tax Provisions: Detailed tax treatments when specific tax considerations apply
3. Custody Arrangements: Required when involving third-party custodians
4. Base Currency Elections: Needed for cross-border transactions involving multiple currencies
5. Buy-in Procedures: Optional provisions for dealing with settlement failures
6. Electronic Trading Provisions: Required when transactions will be executed electronically
1. Schedule 1 - Form of Confirmation: Template for transaction-specific confirmations
2. Schedule 2 - Eligible Securities: List and characteristics of securities eligible for the transactions
3. Schedule 3 - Pricing Parameters: Detailed methodology for calculating prices and margins
4. Schedule 4 - Settlement Instructions: Standard settlement and payment instructions
5. Schedule 5 - Contact Details: List of authorized personnel and contact information
6. Appendix A - Standard Market Documentation: Reference to applicable market standard documentation
7. Appendix B - Form of Power of Attorney: Standard form for authorization if required
Authors
Banking
Financial Services
Investment Management
Securities Trading
Asset Management
Insurance
Capital Markets
Treasury Services
Financial Technology
Investment Banking
Legal
Trading
Treasury
Risk Management
Compliance
Operations
Settlement
Portfolio Management
Fixed Income
Collateral Management
Financial Control
Investment
Securities Operations
Documentation
Transaction Management
Treasury Manager
Securities Trader
Financial Controller
Risk Manager
Legal Counsel
Compliance Officer
Portfolio Manager
Operations Manager
Settlement Officer
Trading Desk Manager
Collateral Manager
Investment Officer
Fixed Income Trader
Securities Operations Specialist
Financial Markets Director
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