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Account Receivable Purchase Agreement
"I need an Account Receivable Purchase Agreement for my manufacturing company to sell receivables to Bank of Ireland, with a maximum portfolio value of €10 million and including credit insurance provisions, to be effective from March 1, 2025."
1. Parties: Identification of the Seller and Purchaser
2. Background: Context of the transaction and general commercial purpose
3. Definitions and Interpretation: Key terms used throughout the agreement and interpretation rules
4. Sale and Purchase: Core provisions regarding the sale and purchase of receivables
5. Purchase Price and Payment: Calculation and payment of purchase price, including any discounts
6. Eligibility Criteria: Criteria for receivables to qualify for purchase
7. Warranties and Representations: Seller's warranties regarding business, receivables, and authority
8. Perfection Requirements: Requirements for completing and perfecting the sale of receivables
9. Notice and Communication: Requirements for notifications to debtors and communication procedures
10. Servicing of Receivables: Collection and administration arrangements
11. Indemnities: Indemnification obligations of the parties
12. Events of Default: Circumstances constituting default and consequences
13. Termination: Termination events and procedures
14. Confidentiality: Confidentiality obligations and permitted disclosures
15. Governing Law and Jurisdiction: Choice of law and jurisdiction for disputes
1. Credit Insurance: Provisions regarding credit insurance if receivables are insured
2. Security Arrangements: Additional security provisions if required
3. Customer Concentration Limits: Limits on concentration of receivables from single customers
4. Data Protection: Specific GDPR compliance provisions if personal data is involved
5. Currency Provisions: For cross-border transactions involving multiple currencies
6. True Sale Opinion: Requirements for legal opinions confirming true sale
7. Parent Company Guarantee: If parent company guarantee is required
8. Step-in Rights: Purchaser's rights to step in for collection in certain circumstances
1. Schedule 1 - Eligibility Criteria: Detailed list of criteria for eligible receivables
2. Schedule 2 - Form of Transfer Notice: Standard form for notifying transfer of receivables
3. Schedule 3 - Operational Procedures: Detailed procedures for purchase process and reporting
4. Schedule 4 - Form of Debtor Notification: Template for notifying debtors of the assignment
5. Schedule 5 - Calculation of Purchase Price: Detailed methodology for calculating purchase price
6. Schedule 6 - Warranty Schedule: Detailed warranties given by the Seller
7. Schedule 7 - Form of Servicer Report: Template for periodic servicer reporting
8. Appendix A - Excluded Debtors: List of debtors excluded from the agreement
9. Appendix B - Required Information: Information required for each receivable
Authors
Advance Rate
Applicable Law
Available Receivables
Business Day
Collection Account
Collection Period
Concentration Limit
Cut-off Date
Data Protection Laws
Debtor
Default Interest
Defaulted Receivable
Deferred Purchase Price
Dispute
Eligible Debtor
Eligible Receivable
Encumbrance
Event of Default
Face Value
GDPR
Initial Purchase Price
Insolvency Event
Material Adverse Effect
Maximum Portfolio Amount
Notice of Assignment
Offer
Payment Date
Performance Undertaking
Purchase Date
Purchase Price
Purchased Receivable
Receivable
Receivables List
Relevant Contract
Repurchase Event
Repurchase Price
Sanctioned Person
Security Interest
Servicer Termination Event
Servicing Agreement
Settlement Date
Termination Event
Transaction Documents
Transfer Notice
True Sale
Trust Account
Underlying Contract
Warranty Breach
Definitions
Sale and Purchase
Assignment
Purchase Price
Payment Terms
True Sale
Perfection
Title Transfer
Eligibility Criteria
Conditions Precedent
Representations and Warranties
Undertakings
Servicing
Collections
Indemnification
Security Interest
Notice Requirements
Information Rights
Reporting
Default
Termination
Force Majeure
Confidentiality
Data Protection
Anti-Money Laundering
Set-off
Further Assurance
Assignment and Transfer
Amendments
Notices
Calculations
Severability
Counterparts
Governing Law
Jurisdiction
Dispute Resolution
Manufacturing
Wholesale Trade
Retail
Construction
Technology
Healthcare
Professional Services
Transportation and Logistics
Agricultural Products
Energy and Utilities
Telecommunications
Financial Services
Finance
Legal
Treasury
Credit Control
Accounts Receivable
Operations
Risk Management
Compliance
Commercial
Business Development
Chief Financial Officer
Finance Director
Treasury Manager
Credit Controller
Accounts Receivable Manager
Commercial Director
Legal Counsel
Risk Manager
Operations Manager
Financial Controller
Working Capital Manager
Credit Risk Analyst
Compliance Officer
Business Development Manager
Contract Manager
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