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Repurchase Agreement
1. Parties: Identification of the parties entering into the repurchase agreement
2. Background: Context of the agreement and general purpose of the repo transaction
3. Definitions: Key terms used throughout the agreement, including financial and technical terminology specific to repo transactions
4. Sale and Repurchase: Core provisions detailing the initial sale and commitment to repurchase, including pricing terms
5. Purchase Price and Repurchase Price: Specification of the initial purchase price and calculation of repurchase price including pricing rate
6. Transfer of Securities: Mechanics and timing of securities transfer for both initial sale and repurchase
7. Margin Maintenance: Provisions for maintaining agreed margin ratios and procedures for margin calls
8. Income Payments: Treatment of income received on the securities during the repo period
9. Representations and Warranties: Standard and transaction-specific representations by both parties
10. Events of Default: Definition of default events and consequences
11. Remedies: Rights and remedies available to non-defaulting party
12. Notices: Requirements and procedures for formal communications between parties
13. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction provisions
1. Substitution: Optional provisions allowing for substitution of securities, used when parties want flexibility in collateral management
2. Buy/Sell Back Annex: Additional provisions for transactions structured as buy/sell backs, used in specific market contexts
3. Agency Provisions: Required when one or both parties act as agents rather than principals
4. Force Majeure: Provisions dealing with extraordinary events, may be included based on party preference
5. Tax Provisions: Detailed tax provisions, necessary when parties are in different jurisdictions or have specific tax concerns
6. Electronic Trading: Provisions for electronic execution of trades, needed for automated trading platforms
7. Netting Provisions: Detailed close-out netting provisions, important for parties with multiple transactions
1. Schedule 1 - Form of Confirmation: Standard form for confirming individual repo transactions
2. Schedule 2 - Eligible Securities: List and characteristics of securities eligible for use in repos under the agreement
3. Schedule 3 - Margin Ratios: Detailed margin ratios and haircuts applicable to different types of securities
4. Schedule 4 - Contact Details: Contact information for notices, margin calls, and other communications
5. Appendix A - Standard Market Practice: Reference to applicable market conventions and practices
6. Appendix B - Tax Documentation: Required tax forms and documentation
7. Appendix C - Electronic Trading Terms: Terms specific to electronic trading if applicable
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