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Repurchase Agreement

Repurchase Agreement Template for New Zealand

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Key Requirements PROMPT example:

Repurchase Agreement

"I need a standard Repurchase Agreement under New Zealand law for a series of government bond transactions between ABC Bank Limited as seller and XYZ Investment Fund as buyer, with transactions starting from March 2025."

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Document background
The Repurchase Agreement (Repo) is a fundamental instrument in New Zealand's financial markets, commonly used for short-term secured financing and liquidity management. This document is essential when parties wish to enter into transactions involving the temporary transfer of securities against cash, with a commitment to reverse the transaction at a future date. It incorporates requirements under New Zealand's Financial Markets Conduct Act 2013 and other relevant legislation, providing a robust framework for these sophisticated financial transactions. The agreement is particularly important for financial institutions managing their liquidity, central banks implementing monetary policy, and securities dealers managing their inventory. It includes comprehensive provisions for valuation, margin maintenance, default scenarios, and operational procedures, making it suitable for both bilateral and triparty repo arrangements.
Suggested Sections

1. Parties: Identification of the buyer and seller entering into the repurchase agreement

2. Background: Context of the agreement and general description of the repo transaction arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Purchase and Sale: Core transaction terms including initial purchase and agreement to repurchase

5. Pricing and Payment Terms: Purchase price, repurchase price, pricing rate calculations and payment mechanics

6. Securities and Delivery: Requirements for eligible securities, delivery mechanisms, and transfer of title

7. Margin Maintenance: Margin requirements, valuation procedures, and margin transfer obligations

8. Income Payments: Treatment of income on purchased securities during the repo term

9. Events of Default: Specified events constituting default and consequences

10. Remedies: Rights and remedies available upon default

11. Representations and Warranties: Standard representations and warranties from both parties

12. Covenants: Ongoing obligations of the parties during the agreement term

13. Set-off Rights: Rights of set-off and netting provisions

14. Notices: Requirements for giving notices under the agreement

15. Governing Law and Jurisdiction: New Zealand law as governing law and jurisdiction provisions

16. General Provisions: Standard boilerplate provisions including amendments, assignments, and severability

Optional Sections

1. Substitution: Right to substitute purchased securities with other eligible securities - include when parties want flexibility in collateral management

2. Agency Provisions: Additional provisions for when either party acts as agent - include when involving agency relationships

3. Buy/Sell Back Annex: Specific provisions for buy/sell back transactions - include when transactions may be structured as buy/sell backs

4. Electronic Trading: Provisions for electronic trading platforms - include when trades may be executed electronically

5. Multiple Currencies: Provisions for handling multiple currencies - include when transactions may involve different currencies

6. Custodian Provisions: Provisions relating to third-party custodians - include when using custodial services

Suggested Schedules

1. Schedule 1 - Form of Confirmation: Standard form for transaction confirmations

2. Schedule 2 - Eligible Securities: Detailed criteria and lists of eligible securities for the repo

3. Schedule 3 - Margin Ratios and Thresholds: Specific margin percentages and threshold amounts

4. Schedule 4 - Contact Details: Contact information for notices and operations

5. Schedule 5 - Systems and Operations: Operational procedures and systems requirements

6. Appendix A - Standard Settlement Instructions: Payment and securities settlement instructions

7. Appendix B - Forms of Notices: Standard forms for various notices under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions




























































Clauses





































Relevant Industries

Banking

Financial Services

Investment Management

Securities Trading

Asset Management

Insurance

Public Sector Finance

Corporate Treasury

Capital Markets

Financial Technology

Relevant Teams

Legal

Treasury

Risk Management

Trading

Operations

Compliance

Finance

Settlement

Collateral Management

Portfolio Management

Relevant Roles

Treasury Manager

Legal Counsel

Risk Manager

Securities Trader

Portfolio Manager

Compliance Officer

Operations Manager

Financial Controller

Investment Officer

Collateral Manager

Chief Financial Officer

Trading Desk Manager

Settlement Officer

Legal Director

Head of Fixed Income

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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