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Forward Purchase Agreement
"I need a Forward Purchase Agreement governed by Hong Kong law for the purchase of 10,000 metric tons of copper cathodes, with physical delivery scheduled for March 2025, including credit support provisions and specific quality requirements."
1. Parties: Identification of buyer and seller with full legal names and addresses
2. Background: Context of the agreement and brief description of the transaction
3. Definitions and Interpretation: Key terms used in the agreement and rules of interpretation
4. Agreement to Purchase: Core transaction terms including asset description, quantity, and forward price
5. Settlement Terms: Details of how and when the forward transaction will be settled
6. Payment Terms: Timing and method of payment, including any advance payments or deposits
7. Conditions Precedent: Conditions that must be satisfied before the agreement becomes effective
8. Representations and Warranties: Standard and transaction-specific representations by both parties
9. Covenants: Ongoing obligations of the parties during the term of the agreement
10. Events of Default: Circumstances constituting default and consequences
11. Termination: Circumstances allowing termination and consequences
12. Force Majeure: Provisions for unforeseen circumstances preventing performance
13. Notices: How formal communications between parties should be made
14. Governing Law and Jurisdiction: Specification of Hong Kong law and jurisdiction details
15. General Provisions: Standard boilerplate clauses including amendments, assignments, and severability
1. Delivery Terms: Required for physical settlement forward contracts, specifying delivery logistics and requirements
2. Credit Support: Include when collateral or guarantees are required to secure obligations
3. Market Disruption: Include for forwards on traded securities or commodities to address market disruption events
4. Tax Provisions: Detailed tax provisions when transaction has significant tax implications
5. Regulatory Compliance: Additional compliance terms when transaction falls under specific regulatory requirements
6. Calculation Agent: Include when complex calculations are required for settlement or adjustments
7. Break Clauses: Optional early termination rights if agreed by parties
8. Netting Provisions: Include when parties have multiple transactions that may be netted
1. Asset Specifications: Detailed description of the assets being purchased
2. Pricing and Valuation: Detailed methodology for price calculation and any adjustments
3. Settlement Procedures: Step-by-step process for settlement and delivery
4. Form of Notices: Templates for various notices required under the agreement
5. Credit Support Documentation: Details of any collateral or guarantee arrangements
6. Authorized Representatives: List of persons authorized to act for each party
7. Standard Settlement Instructions: Banking and settlement account details
8. Calculation Methods: Detailed calculations for payments, adjustments, and early termination
Authors
Agreement Date
Applicable Law
Authorized Representative
Business Day
Calculation Agent
Calculation Date
Closing
Conditions Precedent
Contract Price
Credit Support Document
Delivery Date
Delivery Location
Delivery Period
Designated Account
Early Termination Date
Event of Default
Forward Price
Force Majeure Event
Government Authority
Hedge Provider
Hong Kong
Initial Margin
Interest Rate
Late Payment Rate
Loss
Market Disruption Event
Material Adverse Change
Margin Call
Notice
Payment Date
Permitted Encumbrance
Purchase Price
Purchased Assets
Reference Price
Related Agreement
Relevant Jurisdiction
Representatives
Security Interest
Settlement Amount
Settlement Currency
Settlement Date
Specified Transaction
Strike Price
Termination Event
Transaction
Transaction Documents
Transfer Date
Underlying Asset
Valuation Date
Variation Margin
Price and Payment
Settlement
Delivery
Conditions Precedent
Representations and Warranties
Covenants
Credit Support
Margin Requirements
Events of Default
Termination
Early Termination
Force Majeure
Market Disruption
Calculations
Payment Mechanics
Tax
Regulatory Compliance
Confidentiality
Assignment
Notices
Amendments
Waiver
Severability
Entire Agreement
Counterparts
Further Assurance
Costs and Expenses
Set-off
No Partnership
Third Party Rights
Time of Essence
Governing Law
Dispute Resolution
Indemnification
Account Details
Risk Allocation
Anti-Money Laundering
Sanctions Compliance
Financial Services
Commodities Trading
Securities Trading
Investment Banking
Asset Management
Energy
Agriculture
Mining
Manufacturing
International Trade
Real Estate
Infrastructure
Legal
Compliance
Trading
Risk Management
Treasury
Operations
Finance
Settlement
Portfolio Management
Commercial
Documentation
Credit Risk
Market Risk
Transaction Management
Trading Manager
Risk Manager
Legal Counsel
Compliance Officer
Treasury Manager
Portfolio Manager
Chief Financial Officer
Contract Administrator
Operations Manager
Settlement Officer
Investment Director
Trading Director
Derivatives Trader
Commercial Director
Finance Manager
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