This Repurchase Agreement template is designed for use in Austrian financial markets, providing a standardized framework for securities financing transactions. The document is essential for financial institutions engaging in repo transactions under Austrian law, whether for liquidity management, securities financing, or trading purposes. It carefully balances Austrian civil law requirements, EU financial regulations, and international market practices. The agreement includes all necessary provisions for executing repo transactions, including initial sale, repurchase obligations, margin maintenance, and default scenarios. This template is particularly relevant for institutions operating in Austrian financial markets and must comply with both local regulations and EU directives regarding securities financing transactions.
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1. Parties: Identification of the parties entering into the repurchase agreement
2. Background: Context of the agreement and brief description of the transaction structure
3. Definitions: Definitions of key terms used throughout the agreement
4. Purchase and Sale: Core provisions regarding the initial sale of securities
5. Repurchase Obligations: Terms of the repurchase, including pricing and timing
6. Payment and Transfer: Mechanics of payment and securities transfer
7. Margin Maintenance: Requirements for maintaining collateral margin and mark-to-market provisions
8. Income Payments: Treatment of income on the transferred securities during the repo period
9. Events of Default: Definition of default events and consequences
10. Set-off and Close-out: Rights and procedures for set-off and early termination
11. Representations and Warranties: Standard and transaction-specific representations
12. Tax Provisions: Treatment of taxes and tax-related obligations
13. Governing Law and Jurisdiction: Confirmation of Austrian law governance and jurisdiction
14. Notices: Communication requirements and contact details
15. Miscellaneous: Standard boilerplate provisions
1. Substitution: Optional provisions allowing substitution of securities, used when parties want flexibility in collateral management
2. Agency Provisions: Required when one party acts as agent for undisclosed principals
3. Buy/Sell Back Annex: Used when the transaction is structured as a buy/sell back rather than classic repo
4. Custody Arrangements: Required when involving third-party custodians
5. Foreign Exchange Provisions: Needed when repo involves cross-border or multi-currency aspects
6. Special Membership Interest Provisions: Required for repos involving membership interests in Austrian GmbHs
1. Schedule 1 - Form of Confirmation: Template for transaction-specific confirmations
2. Schedule 2 - Eligible Securities: List and characteristics of securities eligible for the repo
3. Schedule 3 - Pricing Parameters: Detailed pricing mechanisms and calculations
4. Schedule 4 - Margin Ratios: Specific margin requirements for different security types
5. Appendix A - Standard Settlement Instructions: Payment and securities transfer instructions
6. Appendix B - Contact Details: List of authorized persons and contact information
7. Appendix C - Forms of Notices: Standard forms for various notices under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Securities Trading
Asset Management
Insurance
Pension Fund Management
Capital Markets
Treasury Services
Financial Market Infrastructure
Relevant Teams
Legal
Treasury
Trading
Risk Management
Compliance
Operations
Settlement
Documentation
Finance
Portfolio Management
Collateral Management
Middle Office
Trading Operations
Financial Control
Relevant Roles
Treasury Manager
Legal Counsel
Risk Manager
Trading Director
Compliance Officer
Securities Operations Manager
Financial Controller
Portfolio Manager
Collateral Manager
Settlement Officer
Trading Documentation Specialist
Head of Securities Trading
Chief Financial Officer
Head of Treasury
Legal Documentation Manager
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