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Account Receivable Purchase Agreement
"I need an Account Receivable Purchase Agreement under Dutch law for our manufacturing company to sell our receivables to ABC Bank N.V., with a maximum facility amount of €10 million and the ability to add credit insurance coverage later."
1. Parties: Identification of the Seller and Purchaser, including full legal names and registration details
2. Background: Context of the agreement, nature of the Seller's business and receivables, and general purpose of the arrangement
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Sale and Purchase: Core provisions regarding the sale and assignment of receivables, including the true sale nature of the transaction
5. Purchase Price and Payment: Calculation of purchase price, payment mechanics, and any adjustments
6. Eligibility Criteria: Criteria that receivables must meet to be eligible for purchase
7. Representations and Warranties: Seller's representations regarding its authority, the receivables, and compliance with laws
8. Servicing and Collections: Arrangements for collection of receivables and management of customer relationships
9. Covenants: Ongoing obligations of the Seller regarding its business and the receivables
10. Events of Default: Circumstances constituting default and consequences
11. Indemnification: Indemnification obligations of the parties
12. Confidentiality: Protection of confidential information and data protection obligations
13. Term and Termination: Duration of the agreement and termination provisions
14. Governing Law and Jurisdiction: Choice of Dutch law and jurisdiction provisions
15. Miscellaneous: Standard boilerplate provisions including notices, amendments, and assignment
1. Credit Insurance: Required when receivables are covered by credit insurance, specifying rights and requirements
2. Security Arrangements: Needed when additional security is provided for the Seller's obligations
3. Cross-Border Provisions: Required for transactions involving receivables from multiple jurisdictions
4. Currency Provisions: Needed when receivables are denominated in multiple currencies
5. Electronic Platform: Required when utilizing an electronic platform for receivables submission and reporting
6. Bank Account Trust Arrangements: Needed when implementing trust arrangements for collection accounts
7. Customer Concentration Limits: Required when implementing limits on concentration of receivables from single customers
1. Schedule 1 - Eligibility Criteria: Detailed list of criteria for eligible receivables
2. Schedule 2 - Receivables Information: Required information and format for receivables submission
3. Schedule 3 - Form of Assignment: Template for formal assignment of receivables
4. Schedule 4 - Operational Procedures: Detailed procedures for daily operations, submissions, and reporting
5. Schedule 5 - Pricing Schedule: Detailed pricing calculations and adjustments
6. Schedule 6 - Form of Servicer Report: Template for periodic servicing reports
7. Appendix A - Initial Receivables Portfolio: Details of receivables purchased at closing
8. Appendix B - Form of Debtor Notification: Template for notifying debtors of the assignment
9. Appendix C - Approved Customer List: List of customers whose receivables are approved for purchase
Authors
Financial Services
Manufacturing
Wholesale Trade
Retail
Technology
Healthcare
Construction
Logistics and Transportation
Professional Services
Energy and Utilities
Telecommunications
Agriculture
Finance
Legal
Treasury
Credit Management
Accounts Receivable
Risk Management
Operations
Compliance
Commercial
Portfolio Management
Chief Financial Officer
Treasury Manager
Finance Director
Credit Manager
Accounts Receivable Manager
Legal Counsel
Commercial Director
Risk Manager
Operations Manager
Controller
Working Capital Manager
Trade Finance Manager
Structured Finance Manager
Portfolio Manager
Compliance Officer
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