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Master Repurchase Agreement
I need a Swiss law Master Repurchase Agreement for use between our bank and various pension fund clients, with specific provisions for tri-party collateral management and electronic trading platform integration, to be implemented by March 2025.
1. Parties: Identification of the contracting parties and their legal status
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Scope and Purpose: Scope of the agreement and types of transactions covered
5. Initiation and Confirmation: Process for initiating and confirming individual transactions
6. Purchase and Repurchase of Securities: Core provisions regarding the sale and repurchase obligations
7. Pricing and Payment Terms: Provisions for calculating purchase price, repo rate, and payment mechanics
8. Margin Maintenance: Requirements and procedures for margin calls and transfers
9. Income Payments: Treatment of income on purchased securities during transactions
10. Security Interest and Title Transfer: Provisions regarding transfer of title and security interests
11. Events of Default: Definition of default events and consequences
12. Close-out and Set-off: Procedures for early termination and netting arrangements
13. Representations and Warranties: Standard representations and warranties of the parties
14. Tax Provisions: Treatment of taxes and tax-related obligations
15. General Provisions: Standard boilerplate clauses including notices, amendments, and assignments
16. Governing Law and Jurisdiction: Choice of Swiss law and jurisdiction provisions
1. Agency Provisions: Required when either party may act as agent for third parties
2. Buy/Sell Back Transactions: Include when parties wish to conduct buy/sell back transactions
3. Electronic Trading: Required when transactions may be executed through electronic platforms
4. Force Majeure: Optional provisions for extraordinary events affecting performance
5. Tri-party Arrangements: Required when using tri-party collateral management services
6. Special Custody Arrangements: Include when specific custody arrangements are needed
7. Cross-Border Provisions: Required for transactions involving multiple jurisdictions
8. Additional Tax Provisions: Include for specific tax situations or cross-border implications
1. Schedule A - Form of Confirmation: Standard form for confirming individual transactions
2. Schedule B - Eligible Securities: List and characteristics of securities eligible for transactions
3. Schedule C - Pricing Parameters: Methodology for calculating prices and haircuts
4. Schedule D - Margin Calculations: Detailed procedures for margin calculations and transfers
5. Schedule E - Contact Details: Administrative and operational contact information
6. Schedule F - Electronic Messaging: Procedures and requirements for electronic communications
7. Appendix I - Standard Settlement Instructions: Payment and settlement instructions for both parties
8. Appendix II - Forms of Legal Opinions: Standard forms of legal opinions if required
9. Appendix III - Tax Documentation: Required tax forms and documentation
Authors
Applicable Law
Appropriate Market
Banking Day
Base Currency
Buy/Sell Back Transaction
Business Day
Cash Margin
Close-out Amount
Confirmation
Default Market Value
Default Notice
Defaulting Party
Distribution
Early Termination Date
Eligible Margin
Equivalent Margin Securities
Equivalent Securities
Event of Default
Exercise Notice
Income
Interest Rate
Margin Ratio
Margin Securities
Margin Transfer
Market Value
Net Exposure
Net Margin
Non-Defaulting Party
Notice of Default
Purchase Date
Purchase Price
Purchased Securities
Receivable
Repurchase Date
Repurchase Price
Repo Interest
Repo Rate
Securities
Settlement Date
Spot Rate
Swiss Business Day
Swiss Franc
Swiss Trading Day
Term
Termination
Transaction
Transaction Exposure
Transfer Date
Valuation Date
Value Date
FinfraG
FINMA
Intermediated Securities
Swiss Central Securities Depository
Swiss Trading Venue
Swiss Regulatory Requirements
Margin Maintenance
Price Differential
Pricing Rate
Swiss Bankruptcy Act
Swiss Code of Obligations
Swiss Federal Banking Act
Transaction Execution
Purchase and Resale
Price Calculation
Payment Terms
Margin Maintenance
Income Payments
Substitution
Default Events
Close-out Netting
Set-off Rights
Representations and Warranties
Covenants
Tax Provisions
Indemnification
Termination
Force Majeure
Notices
Assignment
Confidentiality
Data Protection
Electronic Trading
Settlement
Currency Provisions
Custody
Agency
Securities Transfer
Governing Law
Jurisdiction
Dispute Resolution
Amendment
Severability
Entire Agreement
Counterparts
Third Party Rights
Time of Essence
Recording
No Waiver
Calculations
Good Faith
Banking
Financial Services
Securities Trading
Asset Management
Insurance
Investment Management
Treasury Services
Capital Markets
Financial Market Infrastructure
Legal
Treasury
Trading
Risk Management
Compliance
Operations
Settlement
Collateral Management
Portfolio Management
Financial Control
Regulatory Affairs
Documentation
Front Office
Middle Office
Back Office
Legal Counsel
Treasury Manager
Repo Trader
Collateral Manager
Risk Manager
Compliance Officer
Operations Manager
Portfolio Manager
Trading Director
Head of Securities Finance
Chief Financial Officer
Legal Director
Head of Trading
Regulatory Compliance Manager
Settlement Manager
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