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Sell Buy Back Agreement
"I need a Swiss law-governed Sell Buy Back Agreement for a transaction between our bank and a pension fund, covering government bonds with a planned initial purchase date of March 15, 2025, and including standard margin maintenance provisions."
1. Parties: Identification of the seller and buyer, including their full legal names, registration details, and addresses
2. Background: Context of the agreement and brief description of the transaction structure
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and interpretation rules
4. Sale and Repurchase: Core transaction terms including initial sale and commitment to repurchase
5. Purchase Price and Repurchase Price: Specification of initial purchase price and repurchase price calculation methodology
6. Transfer of Title and Risk: Provisions regarding transfer of ownership and associated risks
7. Payment and Settlement: Terms for payment and settlement procedures for both sale and repurchase
8. Margin Maintenance: Provisions for maintaining agreed margin levels and margin calls
9. Income Payments: Treatment of income on purchased securities during the transaction period
10. Representations and Warranties: Standard and transaction-specific representations and warranties
11. Events of Default: Definition of events of default and their consequences
12. Close-out and Set-off: Provisions for early termination and netting arrangements
13. Tax Provisions: Treatment of taxes and tax-related obligations
14. Notices: Communication procedures between parties
15. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction provisions
16. Miscellaneous: Standard boilerplate provisions including amendments, waivers, and severability
1. Substitution: Optional provisions allowing substitution of purchased securities, used when parties want flexibility in collateral management
2. Agency Provisions: Required when one or both parties act as agents rather than principals
3. Electronic Trading Provisions: Include when transactions may be executed through electronic platforms
4. Force Majeure: Additional provisions for handling extraordinary events, particularly relevant for long-term arrangements
5. Additional Representations for Regulated Entities: Include when either party is a regulated financial institution
6. Data Protection: Required when personal data processing is involved in the transaction
7. Sanctions Compliance: Include when transactions might have international sanctions implications
1. Schedule 1 - Form of Transaction Notice: Standard form for documenting individual transactions under the agreement
2. Schedule 2 - Eligible Securities: List and characteristics of securities eligible for sell-buyback transactions
3. Schedule 3 - Pricing Sources: Agreed sources and methodologies for pricing securities
4. Schedule 4 - Settlement Instructions: Standard settlement and payment instructions for both parties
5. Schedule 5 - Margin Percentages: Agreed margin ratios for different types of securities
6. Appendix A - Contact Details: List of authorized personnel and contact information for both parties
7. Appendix B - Forms of Notices: Standard forms for various notices under the agreement
8. Appendix C - Tax Documentation: Required tax forms and documentation
Authors
Act of Insolvency
Adverse Effect
Affiliate
Agency Transaction
Applicable Law
Appropriate Market
Approved Security
Banking Day
Base Currency
Business Day
Buy Back Date
Buy Back Price
Close-out Amount
Confirmation
Default Interest Rate
Defaulting Party
Distributions
Early Termination Date
Eligible Margin
Equivalent Securities
Event of Default
Exercise Notice
Financial Instruments
FINMA
Income
Margin Ratio
Margin Transfer
Market Value
Net Exposure
Non-Defaulting Party
Notice of Default
Payment Date
Price Differential
Purchase Date
Purchase Price
Purchased Securities
Regulatory Authority
Repurchase Date
Security Interest
Sell Back Date
Settlement Date
Spot Rate
Swiss Business Day
Swiss Trading Day
Termination Amount
Transaction
Transaction Exposure
Transfer Date
Valuation Date
Valuation Percentage
Voting Rights
Sale and Purchase
Title Transfer
Margin Maintenance
Income Payments
Payment and Transfer
Representation and Warranties
Events of Default
Close-out and Set-off
Tax
Agency
Collateral Management
Risk Allocation
Price Determination
Settlement
Substitution Rights
Default Interest
Market Disruption
Force Majeure
Termination
Notices
Assignment and Transfer
Amendments
Severability
Confidentiality
Data Protection
Anti-Money Laundering
Regulatory Compliance
Electronic Trading
Governing Law
Jurisdiction
Counterparts
Entire Agreement
Third Party Rights
Financial Services
Banking
Investment Management
Insurance
Securities Trading
Asset Management
Treasury Services
Capital Markets
Financial Technology
Professional Services
Legal
Treasury
Trading
Operations
Risk Management
Compliance
Securities Operations
Settlements
Portfolio Management
Collateral Management
Fixed Income
Securities Lending
Financial Control
Treasury Manager
Legal Counsel
Compliance Officer
Securities Operations Manager
Risk Manager
Trading Manager
Portfolio Manager
Financial Controller
Settlements Officer
Collateral Manager
Chief Investment Officer
Head of Fixed Income
Securities Lending Manager
Legal Director
Chief Financial Officer
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