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Bond Repurchase Agreement Template for South Africa

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Key Requirements PROMPT example:

Bond Repurchase Agreement

"I need a Bond Repurchase Agreement between our bank and multiple pension funds, with specific provisions for electronic trading and margin maintenance, including the ability to substitute securities during the term of the repo."

Document background
The Bond Repurchase Agreement serves as a critical instrument in South African financial markets, enabling parties to enter into secured financing transactions. This document is typically used when one party seeks short-term financing by selling securities to another party with a commitment to repurchase them at a predetermined future date and price. The agreement includes comprehensive provisions for initial pricing, margin maintenance, income payments, and default scenarios, all structured within the South African legal framework. It incorporates requirements from the Financial Markets Act, Financial Sector Regulation Act, and other relevant legislation, while addressing specific market practices in the South African repo market. The document is essential for liquidity management, collateral optimization, and short-term funding operations in the South African financial system.
Suggested Sections

1. Parties: Identifies and defines the parties entering into the agreement

2. Background: Sets out the context and purpose of the agreement

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Sale and Repurchase: Core transaction terms including initial sale and repurchase obligations

5. Purchase Price and Pricing Rate: Specifies the initial purchase price, pricing rate, and calculation methods

6. Income Payments: Handles treatment of coupons or other income on the underlying securities

7. Margin Maintenance: Details margin calculation, calls, and transfers

8. Representations and Warranties: Standard and transaction-specific representations by both parties

9. Events of Default: Defines events triggering default and consequences

10. Close-out and Set-off: Procedures for early termination and netting arrangements

11. Tax Provisions: Addresses tax implications and responsibilities

12. Notices: Communication procedures between parties

13. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, etc.

Optional Sections

1. Substitution: Allows for replacement of purchased securities, used when parties want flexibility in collateral management

2. Agency Provisions: Required when one party acts as agent for undisclosed principals

3. Break Clause: Allows early termination rights, used for longer-term repos

4. Buy/Sell Back Annex: Additional provisions for buy/sell back transactions

5. Electronic Trading: Provisions for electronic execution of trades, used when parties trade via electronic platforms

6. Force Majeure: Addresses extraordinary events affecting performance, particularly relevant in cross-border transactions

7. Custody Arrangements: Required when third-party custodians are involved

Suggested Schedules

1. Schedule 1 - Form of Confirmation: Standard form for transaction confirmations

2. Schedule 2 - Eligible Securities: Lists approved securities for repo transactions

3. Schedule 3 - Margin Ratios and Thresholds: Specifies haircuts and margin trigger levels

4. Schedule 4 - Contact Details: Lists authorized personnel and contact information

5. Schedule 5 - Standard Settlement Instructions: Contains payment and settlement details

6. Appendix A - Master Confirmation: Template for documenting specific transactions

7. Appendix B - Margin Transfer Calculations: Detailed methodology for margin calculations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






















































Clauses




































Relevant Industries

Banking

Financial Services

Investment Management

Insurance

Securities Trading

Asset Management

Treasury Services

Pension Fund Management

Public Sector Finance

Corporate Finance

Relevant Teams

Treasury

Legal

Trading

Risk Management

Compliance

Operations

Settlement

Credit

Documentation

Portfolio Management

Fixed Income

Collateral Management

Financial Control

Front Office

Middle Office

Relevant Roles

Treasury Manager

Portfolio Manager

Risk Manager

Compliance Officer

Legal Counsel

Trading Manager

Securities Operations Manager

Investment Officer

Financial Controller

Collateral Manager

Fixed Income Trader

Repo Desk Manager

Settlement Officer

Credit Risk Officer

Legal Documentation Specialist

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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