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1. Parties: Identifies and provides details of the seller and purchaser of the debt
2. Background: Contextual information about the debt(s) being sold and the purpose of the agreement
3. Definitions and Interpretation: Defines key terms and sets out interpretation principles
4. Sale and Purchase: Core provisions regarding the sale and purchase of the debt(s)
5. Purchase Price and Payment: Details of the purchase price, payment method, and timing
6. Completion: Requirements and process for completing the transfer of the debt(s)
7. Seller's Warranties: Warranties regarding the debt(s), seller's capacity, and authority
8. Purchaser's Warranties: Warranties regarding purchaser's capacity, authority, and regulatory compliance
9. Privacy and Confidentiality: Obligations regarding handling of debtor information and confidential information
10. Assignment and Transfer: Provisions governing future transfer or assignment of the purchased debt(s)
11. Notices: Process for giving formal notices under the agreement
12. General Provisions: Standard boilerplate provisions including governing law, jurisdiction, etc.
13. Execution: Formal execution blocks for the parties
1. Security Arrangements: Required when the debt purchase involves taking over or creating security arrangements
2. Third Party Consents: Required when transfer of the debt requires consent from third parties
3. Regulatory Compliance: Detailed compliance obligations when dealing with regulated credit activities
4. Post-Completion Obligations: Required when ongoing obligations exist after completion
5. Transitional Services: Required when the seller will provide services to assist with the debt transfer
6. Put Option: Optional right for purchaser to sell back certain debts that don't meet criteria
7. Collection and Enforcement: Required when agreement covers debt collection arrangements
8. Data Protection: Detailed data protection provisions when handling significant personal data
9. GST: Required when GST applies to the transaction
1. Schedule 1 - Debt Schedule: Detailed list and description of all debts being purchased
2. Schedule 2 - Purchase Price Calculation: Methodology for calculating the purchase price
3. Schedule 3 - Completion Requirements: Detailed list of documents and actions required for completion
4. Schedule 4 - Transfer Documents: Forms of transfer documents required to effect the debt transfer
5. Schedule 5 - Seller's Due Diligence Information: List of due diligence information provided by seller
6. Schedule 6 - Notice to Debtors: Form of notice to be sent to debtors regarding the transfer
7. Appendix A - Compliance Requirements: Detailed regulatory compliance requirements and procedures
8. Appendix B - Data Protection Protocol: Detailed protocols for handling personal data
Assignment Date
Associated Rights
Australian Credit Licence
Business Day
Completion
Completion Date
Confidential Information
Cut-off Date
Data Protection Laws
Debt Documents
Debt Portfolio
Defaulted Debt
Delegate
Due Diligence Materials
Effective Date
Encumbrance
Enforcement Action
Event of Default
Excluded Assets
Financial Indebtedness
GST
Guarantee
Insolvency Event
Interest
Legal Requirements
Loan Agreement
Long Stop Date
Loss
Material Adverse Effect
NCCP Act
Notice of Assignment
Outstanding Balance
Permitted Encumbrance
Personal Information
Privacy Laws
Purchase Price
Purchased Debts
Purchaser's Warranties
Related Entity
Relevant Documents
Security
Security Interest
Seller's Warranties
Servicing Agreement
Settlement Date
Tax
Third Party Consent
Title Documents
Transaction Documents
Transfer Documents
Transitional Period
Underlying Documents
Warranties
Purchase Price
Payment Terms
Completion
Conditions Precedent
Transfer Mechanics
Assignment
Seller Warranties
Purchaser Warranties
Security Transfer
Regulatory Compliance
Privacy and Data Protection
Confidentiality
Due Diligence
Representations
Indemnification
Risk Allocation
Default
Enforcement Rights
Notice Requirements
Third Party Rights
Further Assurance
GST
Tax
Costs and Expenses
Force Majeure
Termination
Governing Law
Dispute Resolution
Severability
Assignment and Transfer
Amendments
Notices
Entire Agreement
Counterparts
Electronic Execution
Survival
Time of Essence
Waiver
Set-Off
Financial Services
Banking
Debt Collection
Credit Management
Asset Management
Investment Management
Private Equity
Distressed Asset Trading
Commercial Lending
Consumer Finance
Legal
Finance
Compliance
Risk Management
Treasury
Credit
Portfolio Management
Operations
Due Diligence
Corporate Development
Debt Trading
Investment
Chief Financial Officer
Head of Credit
Legal Counsel
Compliance Officer
Risk Manager
Portfolio Manager
Debt Collection Manager
Investment Director
Treasury Manager
Credit Risk Officer
Due Diligence Manager
Transactions Manager
Corporate Finance Manager
Debt Trading Manager
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