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Reverse Repurchase Agreement
"I need a standard Reverse Repurchase Agreement under South African law for use between our bank and multiple pension fund clients, with flexible margin maintenance provisions and the ability to substitute securities."
1. Parties: Identification of the parties entering into the agreement, including their registration details and addresses
2. Background: Context of the agreement and brief explanation of a reverse repurchase transaction
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Purchase and Sale: Core transaction terms including the agreement to sell and repurchase securities
5. Price and Payment Terms: Purchase price, repurchase price, pricing calculations, and payment mechanisms
6. Transfer of Securities: Procedures and requirements for the transfer of securities between parties
7. Margin Maintenance: Requirements for maintaining margin, including margin calls and transfers
8. Income Payments: Treatment of income on the purchased securities during the transaction period
9. Rights of Substitution: Terms under which securities may be substituted during the transaction
10. Events of Default: Definition of default events and consequences
11. Remedies: Available remedies in case of default or breach
12. Representations and Warranties: Standard representations and warranties from both parties
13. Tax Provisions: Treatment of taxes and tax-related obligations
14. Notices: Communication procedures between parties
15. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and amendments
1. Agency Provisions: Required when one party acts as agent for undisclosed principals
2. Multiple Transaction Provisions: Include when the agreement will cover multiple repo transactions
3. Custody Arrangements: Required when a third-party custodian is involved
4. Electronic Trading Provisions: Include when transactions will be executed through electronic platforms
5. Buy-in Procedures: Optional provisions for buy-in rights in case of failed deliveries
6. Force Majeure: Optional provisions for handling unforeseen circumstances
7. Netting Provisions: Include when parties agree to net payments and deliveries
1. Form of Confirmation: Standard form for confirming individual transactions
2. Eligible Securities: List and specifications of securities eligible for the transactions
3. Pricing Sources: Agreed sources and methods for determining securities valuations
4. Margin Percentages: Table of applicable margin percentages for different security types
5. Contact Details: List of authorized personnel and contact information
6. Form of Power of Attorney: Standard form for authorizing agents if applicable
7. Settlement Instructions: Detailed instructions for settlement of transactions
8. Systems and Operations Procedures: Technical procedures for executing transactions
Authors
Banking
Financial Services
Investment Management
Securities Trading
Insurance
Asset Management
Treasury Services
Capital Markets
Financial Technology
Professional Services
Legal
Compliance
Treasury
Trading
Risk Management
Operations
Settlement
Credit
Portfolio Management
Finance
Investment
Fixed Income
Market Risk
Documentation
Middle Office
Treasury Manager
Securities Trader
Legal Counsel
Compliance Officer
Risk Manager
Portfolio Manager
Operations Manager
Financial Controller
Investment Officer
Credit Risk Officer
Settlements Manager
Chief Investment Officer
Head of Fixed Income
Repo Desk Manager
Chief Financial Officer
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