The Debt Purchase Agreement is a crucial document used in Nigerian financial markets when one party wishes to transfer existing debt obligations to another party. This agreement is particularly relevant in scenarios involving debt portfolio sales, non-performing loan transfers, or debt restructuring arrangements. The document must comply with Nigerian financial regulations, including the Central Bank of Nigeria Act, BOFIA, and relevant money lending laws. It typically includes detailed provisions about the debt being purchased, purchase price calculations, representations about the validity of the debt, transfer mechanics, and ongoing obligations of both parties. The agreement is essential for financial institutions, asset management companies, and investors engaged in debt trading within Nigeria's financial sector.
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1. Parties: Identifies and defines the seller (original creditor) and purchaser of the debt
2. Background: Explains the context of the debt, its origin, and the parties' intention to transfer it
3. Definitions: Defines key terms used throughout the agreement including Debt, Purchase Price, Completion Date, etc.
4. Sale and Purchase: Core terms of the transaction, including the agreement to sell and purchase the debt
5. Purchase Price and Payment: Specifies the purchase price, payment method, and timing of payment
6. Completion: Details the completion process, timing, and deliverables
7. Seller's Representations and Warranties: Warranties regarding the debt, seller's authority, and accuracy of information
8. Purchaser's Representations and Warranties: Warranties regarding purchaser's authority and ability to complete the transaction
9. Pre-Completion Obligations: Obligations of both parties before completion, including maintenance of the debt
10. Post-Completion Obligations: Ongoing obligations after completion, including document handover and notifications
11. Confidentiality: Provisions regarding confidential information and its protection
12. Notices: Process for giving formal notices under the agreement
13. Governing Law and Jurisdiction: Specifies Nigerian law as governing law and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including assignment, amendments, severability
1. Data Protection: Required when personal data is involved in the debt purchase, particularly for consumer debts
2. Regulatory Compliance: Additional section when the debt purchase requires specific regulatory approvals or notifications
3. Security Arrangements: Required when the debt is secured by collateral or guarantees
4. Tax Provisions: Detailed tax provisions when the transaction has significant tax implications
5. Third Party Rights: Required when there are guarantors or other third parties with rights related to the debt
6. Step-In Rights: Optional provisions for the purchaser to step into existing arrangements related to the debt
7. Indemnification: Detailed indemnity provisions for high-value or complex debt purchases
1. Schedule 1 - The Debt: Detailed description of the debt being purchased, including amount, interest, and payment history
2. Schedule 2 - Completion Requirements: List of documents and actions required for completion
3. Schedule 3 - Form of Transfer Notice: Template for notifying relevant parties of the debt transfer
4. Schedule 4 - Seller's Disclosures: Specific disclosures against the warranties given by the seller
5. Appendix A - Related Security Documents: Copies or details of any security documents related to the debt
6. Appendix B - Relevant Correspondence: Key correspondence relating to the debt that needs to be transferred
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Asset Management
Debt Collection
Investment Management
Private Equity
Corporate Finance
Real Estate
Insurance
Distressed Assets
Relevant Teams
Legal
Finance
Risk Management
Compliance
Treasury
Credit
Portfolio Management
Investment
Collections
Corporate Finance
Deal Advisory
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Debt Portfolio Manager
Investment Manager
Risk Manager
Compliance Officer
Treasury Manager
Credit Manager
Portfolio Analyst
Transaction Manager
Asset Manager
Director of Collections
Corporate Finance Manager
Investment Banker
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