A Forward Flow Agreement is utilized when a business (typically a financial institution, telecommunications provider, or utility company) wants to establish an ongoing arrangement to sell its receivables or debt portfolios to a purchaser on a regular basis. This document, governed by Australian law, provides a comprehensive framework for multiple portfolio transfers over time, including detailed eligibility criteria, pricing mechanisms, transfer procedures, and servicing arrangements. It is particularly relevant in the Australian market where strict regulatory compliance is required under various legislative frameworks including the National Consumer Credit Protection Act, Privacy Act, and Australian Consumer Law. The agreement typically includes provisions for data protection, consumer protection, and specific operational procedures tailored to meet Australian regulatory requirements and market practices.

1. Parties: Identifies the seller and purchaser of the receivables

2. Background: Sets out the context of the agreement, including the seller's business and the purchaser's intent to acquire receivables on an ongoing basis

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Sale and Purchase: Core provisions regarding the transfer of receivables, including true sale provisions

5. Eligibility Criteria: Specifies the criteria that receivables must meet to be eligible for purchase

6. Purchase Price and Payment: Details the pricing mechanism and payment terms for the receivables

7. Transfer Process: Outlines the operational procedures for identifying, offering, and transferring receivables

8. Representations and Warranties: Sets out the parties' representations and warranties regarding their capacity and the receivables

9. Undertakings: Specifies ongoing obligations of both parties

10. Data Protection and Privacy: Addresses handling of personal information and compliance with privacy laws

11. Servicing: Details the ongoing servicing arrangements for the transferred receivables

12. Term and Termination: Specifies the duration of the agreement and termination rights

13. Consequences of Termination: Sets out what happens when the agreement ends

14. Confidentiality: Governs the treatment of confidential information

15. Notices: Specifies how formal communications between parties should be made

16. General Provisions: Standard boilerplate provisions including governing law, assignment, and amendments