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Master Repurchase Agreement
"I need a Master Repurchase Agreement under Nigerian law for use between our commercial bank and various pension fund administrators, with specific provisions for government securities and corporate bonds, and extra margin requirements for lower-rated securities."
1. Parties: Identification of the contracting parties and their legal status
2. Background: Context of the agreement and general intention of the parties to enter into repurchase transactions
3. Definitions: Comprehensive definitions of terms used throughout the agreement, including specific Nigerian market terminology
4. Scope and Application: Scope of the agreement and its application to individual transactions
5. Initiation and Confirmation: Process for initiating transactions and requirements for transaction confirmations
6. Transfer of Securities and Payments: Mechanisms for transferring securities and making payments, including settlement procedures
7. Margin Maintenance: Requirements for maintaining margin, including margin ratios and transfer procedures
8. Income Payments: Treatment of income on transferred securities during the transaction period
9. Events of Default: Definition of events of default and consequences
10. Close-out and Set-off: Procedures for early termination and calculation of amounts due
11. Tax Provisions: Treatment of taxes and tax-related obligations under Nigerian law
12. Representations and Warranties: Standard and Nigeria-specific representations and warranties
13. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction provisions
14. Notices: Requirements for giving notices under the agreement
15. General Provisions: Standard boilerplate provisions including amendments, waivers, and severability
1. Agency Provisions: Required when either party may act as agent for third parties in repo transactions
2. Buy/Sell Back Transactions: Include when parties want to provide for buy/sell back transactions as an alternative to repurchase transactions
3. Interest on Cash Margin: Optional provisions for payment of interest on cash margin
4. Foreign Exchange Provisions: Required when transactions may be denominated in different currencies
5. Electronic Trading: Include when parties intend to use electronic trading platforms
6. Force Majeure: Optional broader force majeure provisions beyond standard market disruption
7. Central Bank Requirements: Additional provisions required for transactions with regulated entities under CBN supervision
1. Schedule 1 - Form of Confirmation: Standard form for confirming individual transactions
2. Schedule 2 - Security Details: Format for specifying eligible securities and their valuations
3. Schedule 3 - Margin Ratios: Specified margin ratios for different types of securities
4. Schedule 4 - Contact Details: Contact information for notices and operations
5. Schedule 5 - Terms and Conditions for Nigerian Securities: Specific terms applicable to Nigerian government securities and other local securities
6. Schedule 6 - Form of Power of Attorney: Standard form for any required powers of attorney under Nigerian law
7. Appendix A - Standard Settlement Instructions: Details of payment and securities settlement arrangements
8. Appendix B - Electronic Messaging Procedures: Procedures for electronic communications and trading if applicable
Authors
Banking
Financial Services
Investment Management
Insurance
Securities Trading
Asset Management
Treasury Services
Public Sector Finance
Corporate Finance
Capital Markets
Legal
Treasury
Trading
Risk Management
Compliance
Operations
Portfolio Management
Credit
Documentation
Finance
Investment
Fixed Income
Securities Services
Collateral Management
Settlement
Treasury Manager
Chief Financial Officer
Legal Counsel
Risk Manager
Trading Manager
Compliance Officer
Operations Manager
Portfolio Manager
Securities Trading Officer
Credit Risk Officer
Documentation Specialist
Financial Controller
Investment Manager
Repo Desk Manager
Head of Fixed Income
Chief Investment Officer
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