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Repurchase Agreement
"I need a standard Irish law Repurchase Agreement for use between our bank and other EU-based financial institutions, with specific provisions for electronic trading and cross-border settlement mechanisms to be implemented by March 2025."
1. Parties: Identifies and defines the parties entering into the repurchase agreement
2. Background: Sets out the context and purpose of the agreement, including the parties' intentions to enter into repo transactions
3. Definitions: Defines key terms used throughout the agreement
4. Scope and Application: Establishes the framework under which individual repo transactions will be conducted
5. Purchase and Sale: Core provisions governing the sale and repurchase of securities, including transfer of title
6. Pricing and Payment Terms: Specifies purchase price, repurchase price, price differential calculations, and payment mechanisms
7. Margin Maintenance: Details the process for valuing securities and making margin transfers
8. Income Payments: Provisions for handling income payments on purchased securities during the repo term
9. Representations and Warranties: Standard representations and warranties from both parties
10. Events of Default: Defines events of default and their consequences
11. Close-out and Netting: Procedures for early termination and calculation of net amounts due
12. Tax Provisions: Addresses tax implications and responsibilities
13. Communications and Notices: Specifies how formal communications between parties should be made
14. Governing Law and Jurisdiction: Specifies Irish law as governing law and jurisdiction for disputes
15. Execution: Signature blocks and execution formalities
1. Agency Provisions: Required when one party acts as agent for underlying principals
2. Buy/Sell Back Annex: Include when parties wish to conduct buy/sell back transactions
3. Securities Lending: Include when agreement covers both repo and securities lending transactions
4. Mini Close-out: Optional provisions for dealing with fails on individual transactions
5. Electronic Trading: Include when parties will execute transactions through electronic platforms
6. Force Majeure: Optional broader force majeure provisions beyond standard market disruption
7. Custodian Provisions: Required when third-party custodians are involved in holding collateral
1. Schedule 1 - Forms of Confirmation: Standard forms for confirming individual repo transactions
2. Schedule 2 - Eligible Securities: Lists or defines acceptable securities for repo transactions
3. Schedule 3 - Margin Ratios and Thresholds: Specific margin percentages and threshold amounts for margin maintenance
4. Schedule 4 - Addresses for Notices: Contact details and addresses for formal notices
5. Schedule 5 - Market Practice: Specific market conventions and practices applicable to the agreement
6. Appendix A - Standard Terms and Conditions: Detailed terms and conditions referenced in main agreement
7. Appendix B - Tax Forms: Required tax documentation and forms
8. Appendix C - Custody Agreement Terms: Terms governing third-party custody arrangements if applicable
Authors
Financial Services
Banking
Investment Management
Insurance
Securities Trading
Asset Management
Treasury Services
Capital Markets
Financial Technology
Professional Services
Legal
Compliance
Treasury
Trading
Risk Management
Operations
Finance
Collateral Management
Portfolio Management
Regulatory Reporting
Documentation
Front Office
Middle Office
Back Office
Treasury Manager
Legal Counsel
Compliance Officer
Risk Manager
Trading Manager
Securities Operations Manager
Financial Controller
Collateral Manager
Portfolio Manager
Chief Investment Officer
Head of Fixed Income
Securities Lending Officer
Regulatory Reporting Officer
Documentation Specialist
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