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The Sale And Buy Back Agreement is a versatile financial instrument used across various industries in Ireland, providing a structured mechanism for temporary asset transfers while ensuring future repurchase rights. This document type is particularly valuable when businesses need short-term financing while retaining long-term control of their assets, or when parties wish to structure a financing arrangement through an asset transfer rather than a traditional loan. The agreement must comply with Irish financial regulations, property law, and commercial law requirements, making it suitable for both financial institutions and corporate entities. It includes detailed provisions covering asset valuation, transfer mechanics, risk allocation, and regulatory compliance. The document is commonly used in financial services, real estate transactions, and corporate financing arrangements, requiring careful consideration of tax implications and regulatory requirements under Irish law.

1. Parties: Identification of the seller (who will later repurchase) and buyer (who will later sell back), including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the sale and buyback arrangement

3. Definitions: Definitions of key terms used throughout the agreement, including 'Purchase Price', 'Repurchase Price', 'Asset', 'Completion Date', and 'Repurchase Date'

4. Sale of Asset: Details of the initial sale, including asset description, initial purchase price, and completion mechanics

5. Completion of Initial Sale: Procedures and requirements for completing the initial sale, including timing, documentation, and payment arrangements

6. Repurchase Terms: Terms of the buyback, including repurchase price, timing, and mechanics of the repurchase transaction

7. Representations and Warranties: Statements of fact and assurances from both parties regarding their capacity, authority, and the asset's condition

8. Covenants: Ongoing obligations of both parties between initial sale and repurchase, including maintenance of assets and insurance requirements

9. Risk and Title: Allocation of risk and responsibility for the asset during the period between sale and repurchase

10. Default and Remedies: Consequences of default by either party and available remedies

11. Termination: Circumstances under which the agreement can be terminated and the consequences

12. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction for dispute resolution

13. Notices: Process and requirements for formal communications between parties

14. Boilerplate Provisions: Standard contractual provisions including entire agreement, severability, and amendments