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Sell And Buy Back Agreement
"I need a Sell and Buy Back Agreement under Belgian law for a single transaction between our bank and a pension fund, with settlement date of March 15, 2025, covering government bonds with standard market terms and basic margin maintenance provisions."
1. Parties: Identification of the seller and buyer, including their legal status and registered offices
2. Background: Context of the transaction and relationship between the parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Sale and Purchase: Terms of the initial sale transaction including price, securities, and transfer mechanics
5. Buyback Obligations: Terms of the buyback transaction including price, timing, and execution requirements
6. Payment and Settlement: Procedures for executing payments and settlements for both transactions
7. Title Transfer and Ownership: Provisions regarding transfer of legal title and beneficial ownership
8. Representations and Warranties: Standard and transaction-specific representations and warranties from both parties
9. Regulatory Compliance: Obligations regarding regulatory requirements and reporting
10. Events of Default: Definition of default events and consequences
11. Rights and Remedies: Available remedies and enforcement procedures in case of default
12. Taxation: Treatment of taxes, including withholding taxes and tax gross-up provisions
13. Notices: Communication procedures and contact details
14. Governing Law and Jurisdiction: Confirmation of Belgian law governance and jurisdiction arrangements
15. General Provisions: Standard boilerplate clauses including amendments, waivers, and severability
1. Income and Corporate Actions: Provisions dealing with dividends, interest, or other income on the securities during the transaction period - include when securities generate income
2. Substitution Rights: Rights to substitute securities - include when parties want flexibility to change the underlying securities
3. Margin Maintenance: Provisions for margin calls and collateral top-up - include for longer-term transactions or volatile securities
4. Break Clauses: Early termination rights - include for longer-term transactions
5. Agency Provisions: Provisions for parties acting as agents - include when any party acts in an agency capacity
6. Multiple Transactions: Framework provisions for multiple transactions - include for master agreement structure
7. Electronic Trading and Settlement: Provisions for electronic trading platforms - include when using specific trading systems
1. Schedule 1 - Transaction Notice: Template for confirming individual transaction terms including prices, dates, and securities details
2. Schedule 2 - Eligible Securities: List and specifications of securities eligible for the transactions
3. Schedule 3 - Pricing Methods: Detailed methodology for calculating initial sale and buyback prices
4. Schedule 4 - Settlement Instructions: Standard settlement and payment instructions for both parties
5. Schedule 5 - Contact Details: Detailed contact information for notices and operations
6. Appendix A - Form of Confirmation: Standard form for transaction confirmations
7. Appendix B - Tax Documentation: Required tax forms and declarations
Authors
Approved Securities
Business Day
Buyer
Buyback Date
Buyback Price
Calculation Agent
Confirmation
Default Interest Rate
Defaulting Party
Eligible Securities
Event of Default
Income
Initial Purchase Date
Initial Purchase Price
Interest Period
Margin Ratio
Market Value
Non-Defaulting Party
Notice of Default
Payment Date
Pricing Rate
Purchase Price Differential
Purchased Securities
Receiving Agent
Relevant Financial Center
Repurchase Date
Repurchase Price
Seller
Settlement Date
Similar Securities
Spot Rate
Substituted Securities
Tax Event
Transaction
Transaction Notice
Transfer Date
Transferred Securities
Valuation Date
Valuation Percentage
Valuation Time
Value Date
Belgian Banking Day
Competent Authority
EU Financial Regulations
FSMA
Income Payment Date
Margin Call
Margin Transfer
Net Paying Securities
Price Differential
Price Source
Securities Equivalence
Securities Settlement System
Title Transfer
Trading Venue
Definitions
Sale and Purchase
Buyback Obligation
Price Calculation
Payment Terms
Settlement
Title Transfer
Securities Delivery
Representations and Warranties
Conditions Precedent
Income Payments
Margin Maintenance
Substitution
Tax Provisions
Events of Default
Close-out and Netting
Set-off Rights
Interest Provisions
Market Disruption
Force Majeure
Regulatory Compliance
Anti-Money Laundering
Notices
Assignment and Transfer
Amendments
Severability
Entire Agreement
Counterparts
Third Party Rights
Confidentiality
Data Protection
Governing Law
Jurisdiction
Dispute Resolution
Agency Provisions
Electronic Trading
Recording of Communications
Further Assurance
Costs and Expenses
Waiver of Immunity
Time of Essence
Banking
Financial Services
Investment Management
Insurance
Securities Trading
Asset Management
Corporate Treasury
Capital Markets
Financial Technology
Professional Services
Legal
Treasury
Trading
Operations
Risk Management
Compliance
Securities Operations
Portfolio Management
Financial Control
Regulatory Affairs
Documentation
Collateral Management
Settlement
Middle Office
Transaction Management
Treasury Manager
Legal Counsel
Securities Operations Manager
Risk Manager
Compliance Officer
Trading Manager
Portfolio Manager
Securities Lending Specialist
Financial Controller
Operations Director
Investment Manager
Legal Director
Regulatory Compliance Manager
Trading Operations Supervisor
Collateral Manager
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