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Forward Flow Agreement
"I need a Forward Flow Agreement under Austrian law for the monthly sale of consumer credit card receivables from our bank to a debt purchaser, with a minimum portfolio size of €5M per month and including specific GDPR compliance provisions."
1. Parties: Identification of the seller and buyer, including full legal names and registration details
2. Background: Context of the agreement and brief description of the forward flow arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Sale and Purchase Structure: Framework for the recurring sales of receivables, including frequency and commitment levels
5. Eligibility Criteria: Criteria that receivables must meet to be eligible for sale
6. Purchase Price and Payment: Pricing mechanism, calculation methods, and payment terms
7. Transfer Mechanism: Legal process for transferring receivables, including timing and documentation
8. Representations and Warranties: Standard and specific warranties regarding the receivables and parties' capacity
9. Data Protection and Compliance: GDPR compliance and data handling requirements
10. Servicing Arrangements: Provisions regarding the servicing of sold receivables
11. Term and Termination: Duration of the agreement and termination rights
12. Governing Law and Jurisdiction: Austrian law as governing law and jurisdiction provisions
1. Pre-emptive Rights: Optional section for situations where the seller wants rights to repurchase certain receivables
2. True Sale Provisions: Detailed true sale provisions if required for accounting or regulatory purposes
3. Interim Servicing: Provisions for temporary servicing by seller if required
4. Migration Provisions: Detailed IT and data migration procedures if complex systems are involved
5. Security Arrangements: If any security interests are to be created or transferred
6. Regulatory Compliance: Additional regulatory compliance sections if dealing with regulated assets
7. Put-Back Rights: Rights to return receivables that don't meet criteria post-purchase
1. Schedule 1 - Eligibility Criteria: Detailed list of eligibility criteria for receivables
2. Schedule 2 - Purchase Price Calculation: Detailed methodology for calculating purchase prices
3. Schedule 3 - Form of Transfer Notice: Template for monthly/periodic transfer notices
4. Schedule 4 - Due Diligence Requirements: Required due diligence materials and process
5. Schedule 5 - Data Fields: Required data fields and format for receivables data
6. Schedule 6 - Service Levels: Service levels for any servicing obligations
7. Appendix A - Form of Assignment Agreement: Template for individual assignments under Austrian law
8. Appendix B - Completion Checklist: List of required documents and actions for each transfer
Authors
Accrued Interest
Assigned Rights
Assignment Agreement
Austrian Banking Act
Back-up Servicer
Business Day
Closing Date
Collection Period
Cut-off Date
Data Protection Laws
Data Subject
Default Interest
Defaulted Receivable
Deferred Purchase Price
Eligible Receivable
Encumbrance
Euro
Event of Default
Execution Date
Forward Flow Period
GDPR
Initial Purchase Date
Insolvency Event
Legal Documentation
Material Adverse Effect
Maximum Portfolio Size
Minimum Portfolio Size
Monthly Payment Date
Offer
Offer Date
Outstanding Balance
Payment Date
Personal Data
Portfolio
Portfolio Acceptance
Portfolio Schedule
Purchase Price
Purchase Price Percentage
Purchaser Account
Receivable
Receivables Schedule
Related Rights
Relevant Documents
Repurchase Event
Repurchase Price
Sale Notice
Sanctions
Security Interest
Servicer
Servicing Agreement
Settlement Date
Transfer Date
Transfer Notice
True Sale
Underlying Agreement
Underlying Debtor
Valuation Date
Assignment
Purchase Price
Payment Terms
Transfer Mechanics
Eligibility Criteria
Portfolio Selection
Due Diligence
Conditions Precedent
Representations and Warranties
Repurchase Obligations
Put-Back Rights
True Sale
Data Protection
Confidentiality
Anti-Money Laundering
Servicing
Information Rights
Audit Rights
Regulatory Compliance
Consumer Protection
Indemnification
Force Majeure
Term and Termination
Events of Default
Remedies
Assignment and Transfer
Amendments
Notices
Entire Agreement
Severability
Governing Law
Jurisdiction
Dispute Resolution
Costs and Expenses
No Partnership
Third Party Rights
Counterparts
Language
Banking
Financial Services
Debt Collection
Credit Management
Asset Management
Consumer Finance
Commercial Lending
Insurance
Telecommunications
Utilities
Legal
Finance
Treasury
Risk Management
Compliance
Operations
Credit Risk
Collections
Data Protection
Portfolio Management
Investment
Commercial
Chief Financial Officer
Head of Collections
Legal Counsel
Debt Purchase Manager
Portfolio Manager
Risk Manager
Compliance Officer
Data Protection Officer
Treasury Manager
Credit Risk Manager
Operations Director
Commercial Director
Investment Manager
Asset Manager
Transaction Manager
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