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1. Parties: Identification of the Seller (current debt holder) and Purchaser, including full legal names, registration numbers, and registered addresses
2. Background: Context of the debt sale, including origin of the debt and current status
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Sale and Purchase: Core terms of the debt purchase, including what is being sold and confirmation of transfer
5. Purchase Price and Payment: Amount to be paid for the debt and payment terms, including any adjustments or deductions
6. Completion: Details of the completion process, timing, and deliverables
7. Seller's Representations and Warranties: Warranties regarding the debt, seller's authority, and capacity to sell
8. Purchaser's Representations and Warranties: Warranties regarding purchaser's authority and capacity to purchase
9. Transfer and Assignment: Legal mechanics of the transfer and any requirements under Indian law
10. Further Assurance: Obligations to execute further documents and take additional steps if needed
11. Confidentiality: Provisions regarding confidential information and its treatment
12. Notices: Process for giving formal notices under the agreement
13. Governing Law and Jurisdiction: Confirmation of Indian law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Security Assignment: Required when the debt is secured and security interests need to be transferred
2. Regulatory Compliance: Needed when either party is regulated by RBI or other regulatory bodies
3. Data Protection: Required when personal data is involved in the debt transfer
4. True Sale Provisions: Important when the transaction needs to be structured as a true sale rather than a security arrangement
5. Interim Period Provisions: Used when there's a gap between signing and completion
6. Post-Completion Obligations: Required when ongoing obligations exist after completion
7. Buy-Back Provisions: Optional clause allowing seller to repurchase the debt under specific circumstances
8. Collection Agency Arrangements: Needed when third-party collection agencies are involved
1. Schedule 1 - Debt Details: Detailed description of the debt being purchased, including principal amount, interest, and any charges
2. Schedule 2 - Completion Requirements: List of documents and actions required for completion
3. Schedule 3 - Form of Transfer Notice: Template for the notice of transfer to be sent to the debtor
4. Schedule 4 - Seller's Power of Attorney: Form of power of attorney authorizing purchaser to act in seller's name
5. Schedule 5 - Security Details: Details of any security interests being transferred
6. Schedule 6 - Related Documents: List and copies of relevant documents relating to the debt
7. Appendix A - Calculation of Purchase Price: Detailed breakdown of how the purchase price was calculated
8. Appendix B - Due Diligence Results: Summary of due diligence findings and any identified issues
Banking
Financial Services
Asset Management
Debt Recovery
Asset Reconstruction
Investment Banking
Private Equity
Corporate Finance
Non-Banking Financial Companies (NBFCs)
Insurance
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Portfolio Management
Corporate Finance
Due Diligence
Asset Recovery
Investment
Operations
Debt Recovery
Document Management
Chief Financial Officer
Finance Director
Legal Counsel
Compliance Officer
Risk Manager
Portfolio Manager
Debt Recovery Officer
Investment Manager
Treasury Manager
Credit Manager
Corporate Finance Manager
Due Diligence Officer
Asset Recovery Specialist
Financial Controller
Legal Director
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