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Sell Buy Back Agreement
"I need a Sell Buy Back Agreement under Irish law for a transaction between our bank and a major investment firm, with a focus on government bonds as the underlying securities and specific provisions for daily margin maintenance requirements."
1. Parties: Identification of the seller and buyer, including full legal names and addresses
2. Background: Context of the agreement and brief description of the transaction structure
3. Definitions and Interpretation: Definitions of key terms and interpretation rules used throughout the agreement
4. Sale and Repurchase Obligations: Core obligations regarding the initial sale and subsequent repurchase of securities
5. Purchase Price and Pricing: Determination of initial purchase price and repurchase price, including pricing formulas
6. Payment and Transfer: Mechanics for payment and transfer of securities, including settlement procedures
7. Margin Maintenance: Requirements for maintaining margin, including valuation and margin calls
8. Income Payments: Treatment of income on the securities during the transaction period
9. Tax Provisions: Handling of tax matters, including gross-up provisions and tax representations
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: Procedures for early termination and calculation of close-out amounts
13. Notices: Requirements for giving notices under the agreement
14. Governing Law and Jurisdiction: Choice of Irish law and jurisdiction provisions
1. Intermediary Provisions: Required when transactions are conducted through intermediaries or custodians
2. Agency Provisions: Required when either party acts as agent for undisclosed principals
3. Additional Tax Provisions: Required for cross-border transactions or specific tax structures
4. Regulatory Compliance: Required when specific regulatory requirements need detailed coverage
5. Credit Support Provisions: Required when additional credit support arrangements are needed
6. Electronic Trading: Required when transactions will be executed through electronic platforms
7. Force Majeure: Optional provisions for handling extraordinary events affecting performance
1. Schedule 1 - Form of Transaction Notice: Standard form for confirming individual transactions
2. Schedule 2 - Eligible Securities: List and characteristics of securities eligible for transactions
3. Schedule 3 - Pricing Models: Detailed pricing formulas and calculations
4. Schedule 4 - Margin Percentages: Table of applicable margin percentages for different security types
5. Schedule 5 - Contact Details: Contact information for notices and operations
6. Appendix A - Standard Settlement Instructions: Payment and securities settlement instructions
7. Appendix B - Form of Power of Attorney: Standard form for any required powers of attorney
8. Appendix C - Tax Documentation: Required tax forms and certificates
Authors
Applicable Law
Business Day
Buyer
Confirmation
Default Market Value
Default Notice
Designated Office
Distribution Amount
Early Termination Date
Eligible Securities
Event of Default
Income
Initial Purchase Date
Initial Purchase Price
Irish Business Day
Margin Percentage
Margin Ratio
Margin Transfer
Market Value
Net Margin
Notice of Default
Pricing Rate
Purchase Date
Purchase Price
Purchased Securities
Receiving Party
Repurchase Date
Repurchase Price
Securities
Seller
Settlement Date
Spot Rate
Subsidiary
Tax Event
Term
Transaction
Transaction Exposure
Transfer Date
Transferable Securities
Transferred Securities
Valuation Date
Valuation Percentage
Valuation Time
Repurchase Obligations
Pricing
Payment Terms
Transfer of Securities
Margin Maintenance
Income Payments
Substitution
Tax Provisions
Representations and Warranties
Events of Default
Close-out and Set-off
Indemnification
Confidentiality
Assignment and Transfer
Notices
Costs and Expenses
Force Majeure
Termination
Governing Law
Jurisdiction
Dispute Resolution
Entire Agreement
Amendments
Severability
Counterparts
Agency Provisions
Settlement
Regulatory Compliance
Documentation
Risk Disclosure
Intermediary Provisions
Custodian Arrangements
Market Disruption
Calculation
Electronic Trading
Banking
Financial Services
Investment Management
Securities Trading
Asset Management
Capital Markets
Fund Management
Treasury Services
Investment Banking
Legal
Treasury
Risk Management
Compliance
Trading
Operations
Settlement
Documentation
Credit Risk
Collateral Management
Portfolio Management
Financial Control
Treasury Manager
Risk Manager
Legal Counsel
Compliance Officer
Securities Trading Manager
Portfolio Manager
Operations Manager
Financial Controller
Investment Director
Credit Risk Officer
Collateral Manager
Trading Desk Manager
Settlement Officer
Documentation Specialist
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