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Repurchase Agreement
"I need a Dutch law Repurchase Agreement for trading government bonds with multiple European counterparties, including tri-party collateral management arrangements with our custodian bank, to be implemented by March 2025."
1. Parties: Identification of the contracting parties, including their legal names, registration details, and addresses
2. Background: Context of the agreement and general purpose of entering into repo transactions
3. Definitions: Comprehensive list of defined terms used throughout the agreement
4. Scope and Interpretation: General scope of the agreement and rules for interpretation
5. Purchase and Repurchase Obligations: Core provisions detailing the mechanics of repo transactions, including purchase price, repurchase price, and pricing rate
6. Initiation and Confirmation: Process for initiating transactions and confirming their terms
7. Income Payments and Corporate Actions: Treatment of income received on purchased securities and handling of corporate actions
8. Margin Maintenance: Requirements and procedures for maintaining margin, including margin transfers and calculations
9. Substitution: Rules and procedures for substituting purchased securities
10. Representations and Warranties: Standard and transaction-specific representations and warranties of the parties
11. Events of Default: Definition of events of default and their consequences
12. Close-out and Set-off: Procedures for early termination and calculation of amounts due
13. Tax Provisions: Allocation of tax obligations and procedures for tax-related payments
14. Governing Law and Jurisdiction: Choice of Dutch law and jurisdiction provisions
1. Agency Provisions: Required when one or both parties act as agent for third parties
2. Buy/Sell Back Transactions: Include when parties wish to enter into buy/sell back transactions as an alternative to classic repos
3. Electronic Trading: Required when parties utilize electronic trading platforms
4. Tri-party Arrangements: Include when using a tri-party collateral agent
5. Special Custody Arrangements: Required when specific custody arrangements are needed for the securities
6. Force Majeure: Optional provisions for handling extraordinary events affecting performance
7. Central Counterparty Provisions: Required when transactions will be cleared through a CCP
1. Schedule 1 - Form of Confirmation: Standard template for transaction confirmations
2. Schedule 2 - Eligible Securities: List and characteristics of securities eligible for repo transactions
3. Schedule 3 - Margin Ratios and Thresholds: Detailed margin percentages and threshold amounts for different security types
4. Schedule 4 - Addresses for Notices: Contact details and acceptable methods for notices
5. Schedule 5 - Settlement Systems and Arrangements: Details of agreed settlement systems and procedures
6. Schedule 6 - Buy/Sell Back Annex: Supplementary terms for buy/sell back transactions
7. Schedule 7 - Agency Annex: Supplementary terms for agency transactions
8. Schedule 8 - Electronic Trading Annex: Terms governing electronic trading arrangements
Authors
Financial Services
Banking
Investment Management
Insurance
Securities Trading
Asset Management
Treasury Services
Capital Markets
Financial Technology
Professional Services
Legal
Treasury
Compliance
Risk Management
Trading
Operations
Portfolio Management
Securities
Collateral Management
Finance
Fixed Income
Regulatory Reporting
Settlement
Documentation
Legal Counsel
Treasury Manager
Compliance Officer
Risk Manager
Trading Manager
Operations Manager
Portfolio Manager
Securities Trading Officer
Collateral Manager
Financial Controller
Chief Financial Officer
Head of Fixed Income
Regulatory Reporting Officer
Settlement Officer
Documentation Specialist
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