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Bank Repurchase Agreement
"I need a Bank Repurchase Agreement under Australian law for a series of rolling repo transactions between our investment bank and a major pension fund, with flexible substitution rights and multi-currency provisions for transactions starting from March 2025."
1. Parties: Identification of the parties entering into the repurchase agreement
2. Background: Context of the agreement and general purpose of the repo transaction
3. Definitions and Interpretation: Definitions of technical terms and interpretation rules
4. Sale and Repurchase: Core provisions regarding the sale and repurchase obligations
5. Pricing and Payment Terms: Details of purchase price, repurchase price, and pricing calculations
6. Settlement and Delivery: Procedures for settlement and delivery of securities
7. Margin Maintenance: Requirements for maintaining margin and marking to market
8. Income Payments: Treatment of income on purchased securities during the repo period
9. Events of Default: Definition of default events and consequences
10. Set-off and Netting: Rights of set-off and close-out netting provisions
11. Representations and Warranties: Standard representations and warranties of the parties
12. Tax Provisions: Treatment of taxes and tax-related obligations
13. Notices: Requirements for giving notices under the agreement
14. Governing Law and Jurisdiction: Choice of law and jurisdiction provisions
15. General Provisions: Standard boilerplate clauses including amendments, waivers, etc.
1. Substitution: Optional provisions allowing substitution of purchased securities, used when parties want flexibility in managing their securities portfolio
2. Agency Provisions: Required when one or both parties are acting as agents rather than principals
3. Buy/Sell Back Annex: Included when the agreement covers buy/sell back transactions as well as standard repos
4. Electronic Trading: Provisions for electronic trading platforms and execution, needed for modern trading environments
5. Force Majeure: Specific force majeure provisions beyond standard defaults, used in jurisdictions where this is common
6. Multi-currency Provisions: Required when repos may be conducted in multiple currencies
7. Third Party Rights: Needed in jurisdictions where third party rights need explicit addressing or exclusion
1. Schedule 1 - Form of Confirmation: Standard form for confirming individual repo transactions
2. Schedule 2 - Eligible Securities: List and specifications of securities eligible for repo transactions
3. Schedule 3 - Margin Ratios: Table of margin ratios for different types of securities
4. Schedule 4 - Contact Details: Contact information for notices and operational matters
5. Schedule 5 - Settlement Instructions: Standard settlement and payment instructions
6. Schedule 6 - Forms of Power of Attorney: Standard forms for powers of attorney if required
7. Appendix A - Standard Market Calculations: Standardized calculations for pricing, margin, and other mathematical determinations
Authors
APRA
ASIC
Australian Business Day
Bought Securities
Business Day
Buy Back Date
Close-out Amount
Confirmation
Default Market Value
Default Notice
Designated Office
Distribution Amount
Early Termination Date
Eligible Securities
Event of Default
Income
Initial Margin
Interest Rate
Margin Ratio
Margin Securities
Margin Transfer
Market Value
Net Exposure
Notice of Default
Payment Date
Pricing Rate
Purchase Date
Purchase Price
Purchased Securities
RBA
Repurchase Date
Repurchase Price
Securities
Settlement Date
Spot Rate
Subsidiary
Tax
Term
Transaction
Transaction Exposure
Transfer Date
Valuation Date
Valuation Percentage
Valuation Time
Payment and Transfer
Margin Maintenance
Income Payments
Substitution
Event of Default
Default Remedies
Set-off Rights
Price Differential
Security Interest
Representations and Warranties
Tax Provisions
Costs and Expenses
Confidentiality
Notices
Assignment and Transfer
Force Majeure
Termination
Governing Law
Jurisdiction
Dispute Resolution
Amendments
Entire Agreement
Severability
Counterparts
Further Assurance
Agency Provisions
Electronic Trading
Settlement
Netting
Calculations
Market Disruption
Indemnification
Record Keeping
Regulatory Compliance
Anti-Money Laundering
Banking
Financial Services
Investment Management
Securities Trading
Asset Management
Government Finance
Insurance
Treasury Services
Capital Markets
Financial Technology
Treasury
Legal
Compliance
Trading
Operations
Risk Management
Settlement
Credit
Documentation
Regulatory Reporting
Finance
Middle Office
Portfolio Management
Transaction Management
Collateral Management
Treasury Manager
Head of Fixed Income
Chief Financial Officer
Risk Manager
Legal Counsel
Compliance Officer
Trading Manager
Operations Manager
Settlement Officer
Portfolio Manager
Credit Risk Officer
Financial Controller
Head of Trading
Documentation Specialist
Regulatory Reporting Manager
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