Accounts Receivable Purchase Agreement for Malta
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Accounts Receivable Purchase Agreement
"I need an Accounts Receivable Purchase Agreement under Maltese law for a manufacturing company selling its receivables to a local bank, with specific provisions for credit insurance and cross-border receivables from EU customers."
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1. Parties: Identification of the Seller (original creditor) and Purchaser, including registration details and addresses
2. Background: Context of the agreement, nature of the receivables, and general purpose of the transaction
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Sale and Purchase of Receivables: Core provisions detailing the sale and assignment of receivables, including transfer mechanics
5. Purchase Price and Payment Terms: Calculation of purchase price, payment mechanics, and any adjustments
6. Conditions Precedent: Conditions that must be satisfied before the agreement becomes effective
7. Representations and Warranties: Statements of fact and assurances from both parties, particularly regarding the receivables
8. Covenants: Ongoing obligations of both parties throughout the agreement term
9. Servicing of Receivables: Arrangements for collection and management of receivables post-sale
10. Information and Reporting: Requirements for providing information and regular reporting between parties
11. Events of Default: Circumstances constituting default and consequences
12. Termination: Provisions for ending the agreement and consequences of termination
13. Confidentiality: Obligations regarding confidential information and data protection
14. Notices: Methods and requirements for formal communications between parties
15. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction for disputes
16. General Provisions: Standard boilerplate clauses including assignment, amendments, severability, etc.
1. Recourse Provisions: Include when the agreement is with recourse, specifying circumstances and process for recourse against the seller
2. Credit Insurance: Include when receivables are covered by credit insurance, detailing insurance arrangements
3. Security Arrangements: Include when additional security is provided for the receivables
4. True Sale Provisions: Include when need to emphasize true sale nature for regulatory or accounting purposes
5. Cross-Border Provisions: Include when receivables involve international debtors
6. Electronic Processing: Include when parties use electronic platforms for receivables management
7. Data Protection Compliance: Detailed section when significant personal data is involved in the receivables
8. Anti-Money Laundering Compliance: Detailed section when required by the nature of the business or regulatory requirements
1. Schedule 1 - Eligibility Criteria: Detailed criteria for receivables to be eligible for purchase
2. Schedule 2 - Form of Purchase Notice: Template for notices of receivables to be purchased
3. Schedule 3 - Pricing and Fees: Detailed pricing mechanisms, fees, and calculations
4. Schedule 4 - Operational Procedures: Detailed procedures for day-to-day operations and communications
5. Schedule 5 - Form of Reports: Templates for required regular reports
6. Schedule 6 - Initial Receivables Portfolio: Details of receivables included in initial purchase
7. Schedule 7 - Required Documents: List of documents required for each receivable purchase
8. Appendix A - Power of Attorney: Form of power of attorney for collection purposes
9. Appendix B - Notice to Debtors: Template for notifying debtors of the assignment
10. Appendix C - Compliance Procedures: Detailed AML and regulatory compliance procedures
Authors
Account Bank
Advance Rate
Applicable Law
Assignment
Available Receivables
Business Day
Collection Account
Collection Period
Conditions Precedent
Contract
Cut-off Date
Data Protection Laws
Debtor
Default Interest
Defaulted Receivable
Deferred Purchase Price
Dilution
Disputed Receivable
Effective Date
Eligible Debtor
Eligible Receivable
Encumbrance
EURIBOR
Event of Default
Face Value
Finance Documents
Financial Indebtedness
Financial Statements
GDPR
Insolvency Event
Insurance Policy
Interest Period
Invoice
Material Adverse Effect
Maximum Facility Amount
Notice of Assignment
Obligor
Offer
Original Financial Statements
Outstanding Amount
Perfection Requirements
Purchase Date
Purchase Notice
Purchase Price
Purchased Receivable
Purchaser
Receivable
Receivables List
Recourse Event
Related Rights
Relevant Documents
Repurchase Event
Repurchase Price
Reserve Account
Security Interest
Seller
Seller Operating Account
Service Fee
Servicing Agreement
Settlement Date
Termination Date
Transaction Documents
Transfer
True Sale
Trust Account
Underlying Contract
VAT
Assignment
Purchase Price
Payment Terms
Conditions Precedent
Representations and Warranties
Covenants
Servicing
Collections
Security
Recourse
Information Rights
Reporting
True Sale
Data Protection
Confidentiality
Anti-Money Laundering
Events of Default
Remedies
Set-Off
Indemnification
Force Majeure
Term and Termination
Notices
Amendment and Waiver
Assignment and Transfer
Severability
Entire Agreement
Third Party Rights
Governing Law
Jurisdiction
Dispute Resolution
Financial Services
Banking
Manufacturing
Retail
Wholesale Trade
Technology
Healthcare
Construction
Professional Services
Telecommunications
Energy
Transportation and Logistics
Agriculture
Real Estate
Legal
Finance
Treasury
Accounts Receivable
Credit Control
Operations
Compliance
Risk Management
Commercial
Business Development
Contract Management
Chief Financial Officer
Finance Director
Treasury Manager
Financial Controller
Credit Manager
Accounts Receivable Manager
Legal Counsel
Compliance Officer
Risk Manager
Operations Director
Commercial Director
Business Development Manager
Contract Manager
Corporate Lawyer
Transaction Manager
Portfolio Manager
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