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The Bank Repurchase Agreement is a critical document used in the Swiss financial markets for establishing the legal framework governing repurchase transactions between financial institutions. It is particularly relevant when banks and financial institutions need to manage their short-term liquidity needs or execute secured lending transactions. The agreement complies with Swiss banking regulations, including the Federal Banking Act and FINMA requirements, while incorporating international standards. It covers essential elements such as transfer of securities, pricing mechanisms, margin maintenance, default procedures, and close-out netting arrangements. This document is typically used in conjunction with the Swiss Master Repo Agreement framework and is essential for institutions operating in the Swiss repo market, whether for liquidity management, investment purposes, or central bank operations.

1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and registration details

2. Background: Context of the agreement and brief description of the parties' intentions to enter into repo transactions

3. Definitions: Definitions of key terms used throughout the agreement, including financial, technical, and legal terminology specific to repo transactions

4. Scope of Agreement: General framework for conducting repo transactions, including types of securities eligible for use

5. Purchase and Repurchase Obligations: Core provisions detailing the mechanics of repo transactions, including transfer of securities and payment obligations

6. Pricing and Payments: Terms for calculating purchase price, repo rate, margin payments, and other financial terms

7. Margin Maintenance: Requirements for maintaining margin, including valuation procedures and timing of margin transfers

8. Income Payments: Treatment of income on transferred securities during the repo period

9. Tax Provisions: Handling of tax matters, including withholding tax and stamp duty considerations under Swiss law

10. Representations and Warranties: Standard and specific representations and warranties from both parties

11. Events of Default: Definition of default events and consequences, including close-out procedures

12. Set-off and Netting: Rights of set-off and netting provisions in accordance with Swiss law

13. Governing Law and Jurisdiction: Confirmation of Swiss law as governing law and jurisdiction provisions