Money Market Repurchase Agreement Template for United States

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Key Requirements PROMPT example:

Money Market Repurchase Agreement

"Need a Money Market Repurchase Agreement for a series of overnight repo transactions between our bank and multiple institutional clients, with flexibility for substitution of U.S. Treasury securities and detailed margin maintenance provisions."

Document background
The Money Market Repurchase Agreement is a critical instrument in U.S. financial markets, providing a secure mechanism for short-term financing. It enables parties to execute sales of securities with a simultaneous agreement to repurchase them at a later date at a specified price. The agreement is structured under U.S. federal and state securities laws, incorporating protections from the Bankruptcy Code and UCC. It typically includes detailed provisions for margin maintenance, income payments, and default scenarios, making it particularly suitable for financial institutions managing liquidity and collateral.
Suggested Sections

1. Parties: Identification of buyer and seller, including legal status and addresses

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms including Purchase Price, Repurchase Price, Income, Securities, etc.

4. Purchase and Sale: Core transaction terms and mechanics

5. Margin Maintenance: Requirements for maintaining collateral value

6. Income Payments: Treatment of income on purchased securities

7. Events of Default: Circumstances constituting default and remedies

Optional Sections

1. Substitution: Rights to substitute securities, used for longer-term repos or when parties want substitution rights

2. Repricing: Terms for adjusting prices during agreement term, used for longer-term repos with market value concerns

3. Agency: Provisions for acting as agent, used when either party acts as agent for third parties

Suggested Schedules

1. Schedule A - Eligible Securities: Lists acceptable securities for the repo

2. Schedule B - Margin Percentages: Details margin requirements by security type

3. Schedule C - Authorized Traders: Lists personnel authorized to execute transactions

4. Annex I - Transaction Procedures: Detailed operational procedures for trades

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

Securities Exchange Act of 1934: Primary federal law governing securities trading and establishing the SEC, crucial for repo agreement regulation

Securities Act of 1933: Foundational federal law requiring registration of securities and governing their initial issuance

Federal Reserve Regulation W: Regulates transactions between banks and their affiliates, important for inter-bank repo agreements

FIRREA: Financial Institutions Reform, Recovery, and Enforcement Act - provides regulatory framework for financial institutions

Dodd-Frank Act: Wall Street Reform and Consumer Protection Act providing comprehensive financial regulation post-2008 crisis

U.S. Bankruptcy Code Title 11: Federal bankruptcy law, particularly Section 559 dealing with repo agreements in bankruptcy scenarios

UCC Article 9: Uniform Commercial Code Article governing secured transactions, crucial for collateral aspects of repos

UCC Article 8: Uniform Commercial Code Article governing investment securities and their transfer

State Blue Sky Laws: State-specific securities regulations that may affect repo agreements within specific jurisdictions

SIFMA Master Repurchase Agreement: Industry-standard template agreement widely used in U.S. repo transactions

Bank Secrecy Act: Key anti-money laundering legislation affecting financial transactions including repos

USA PATRIOT Act: Anti-money laundering and counter-terrorism financing requirements affecting financial transactions

Basel III: International regulatory framework for banks, affecting capital requirements and risk management in repo transactions

FINRA Rules: Financial Industry Regulatory Authority rules governing broker-dealer conduct in repo transactions

SEC Regulations: Securities and Exchange Commission regulations governing securities transactions and market conduct

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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