Forward Flow Agreements are essential instruments in the debt buying industry, providing a structured framework for recurring debt portfolio sales. These agreements are particularly valuable when a creditor generates a regular volume of charged-off accounts and seeks a reliable buyer for these assets. The agreement typically specifies account eligibility criteria, purchase price calculations, transfer procedures, and compliance requirements under U.S. federal and state regulations. Forward Flow Agreements help streamline operations and provide predictability for both sellers and buyers in the debt market.
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1. Parties: Identification of seller and purchaser of the debt portfolios
2. Background: Context of the agreement and business relationship
3. Definitions: Key terms used throughout the agreement including regulatory definitions
4. Sale and Purchase: Core terms of the forward flow arrangement including purchase commitment and frequency
5. Eligibility Criteria: Requirements for accounts to be included in each portfolio
6. Pricing and Payment Terms: Purchase price calculation and payment mechanisms
7. Representations and Warranties: Standard assurances from both parties regarding compliance and authority
8. Term and Termination: Duration of agreement and circumstances for early termination
9. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution
1. Put-Back Rights: Rights to return non-compliant accounts to the seller
2. Compliance Requirements: Specific regulatory compliance obligations and procedures
3. Service Level Requirements: Performance standards for ongoing obligations between parties
4. Data Protection: Specific provisions relating to data privacy and security
5. Audit Rights: Rights of parties to audit compliance and performance
1. Schedule 1 - Account Data Requirements: Required data fields and format specifications for account transfers
2. Schedule 2 - Pricing Schedule: Detailed pricing methodology and calculations
3. Schedule 3 - Transfer Procedures: Operational procedures for account transfers
4. Schedule 4 - Form of Transfer Notice: Template for notifying account transfers
5. Schedule 5 - Eligibility Criteria Details: Detailed specifications of eligible accounts
6. Schedule 6 - Compliance Requirements: Detailed regulatory compliance procedures and requirements
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