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Debt Purchase Agreement
1. Parties: Identification of the seller and purchaser of the debt, including full legal names and registration details
2. Background: Context of the transaction, including brief description of the debt portfolio and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale and Purchase: Core transaction terms, including description of debt being sold and purchased
5. Purchase Price: Details of the purchase price, payment terms, and any adjustments
6. Completion: Conditions precedent, completion mechanics, and timing
7. Representations and Warranties: Seller's and purchaser's representations regarding the debt and their capacity to enter into the agreement
8. Transfer and Assignment: Legal mechanics for transferring the debt and related rights
9. Data Protection: GDPR compliance provisions and data handling requirements
10. Confidentiality: Confidentiality obligations regarding the transaction and debtor information
11. Notices: Communication procedures between parties
12. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
13. Execution: Signature blocks and execution requirements
1. Regulatory Compliance: Additional regulatory requirements if either party is a regulated entity
2. Servicing Arrangements: Include if there are ongoing servicing arrangements for the debt portfolio
3. True Sale Provisions: Detailed provisions ensuring true sale treatment, particularly important for regulated entities
4. Consumer Protection: Additional provisions if the debt portfolio includes consumer debt
5. Anti-Money Laundering: Specific AML provisions if required by the nature of the transaction or parties
6. Post-Completion Obligations: Any ongoing obligations after completion, such as information sharing or cooperation
7. Transfer of Security: Include if any security interests are being transferred with the debt
8. Tax Provisions: Specific tax-related provisions if there are significant tax implications
1. Debt Portfolio Schedule: Detailed list and description of all debts being purchased, including account details, outstanding amounts, and status
2. Form of Transfer Documents: Templates for any transfer documentation required to effect the sale
3. Completion Checklist: List of all documents and actions required for completion
4. Excluded Debts: List of any specifically excluded debts or categories of debt
5. Related Security: Details of any security interests associated with the debt
6. Required Notices: Forms of notices required to be sent to debtors or other parties
7. Data Fields: Specification of data fields and format for debt information transfer
8. Power of Attorney: Form of power of attorney if required for debt collection
Authors
Business Day
Completion
Completion Date
Conditions Precedent
Cut-off Date
Data Protection Laws
Debt
Debt Documents
Debt Portfolio
Debtor
Default Interest
Effective Date
Encumbrance
Excluded Debts
Financial Records
GDPR
Governmental Authority
Interest
Legal Requirements
Losses
Material Adverse Effect
Outstanding Balance
Parties
Permitted Encumbrance
Purchase Price
Purchaser
Related Rights
Related Security
Relevant Period
Representatives
Seller
Security Interest
Servicing Agreement
Transfer Documents
Transfer Date
True Sale
Warranties
Working Day
Sale and Purchase
Purchase Price
Conditions Precedent
Completion
Post-Completion Obligations
Representations and Warranties
Transfer and Assignment
Security Interests
Data Protection
Regulatory Compliance
Anti-Money Laundering
Consumer Protection
True Sale
Information and Documentation
Servicing Arrangements
Payment Terms
Interest
Default
Further Assurance
Confidentiality
Announcements
Assignment and Transfer
Costs and Expenses
Taxes
Notices
Amendments
Severability
Entire Agreement
Force Majeure
Waiver
Counterparts
Third Party Rights
Governing Law
Jurisdiction
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