The Repurchase Agreement is a critical financial instrument used in Malta's securities financing market, enabling parties to enter into secured lending arrangements through the sale and repurchase of securities. This document is essential when financial institutions need to manage their short-term liquidity needs or execute securities financing strategies. The agreement, governed by Maltese law and EU regulations, includes comprehensive provisions for the transfer of title to securities, pricing mechanisms, margin maintenance, and default scenarios. It is particularly relevant for transactions involving Maltese financial institutions or cross-border dealings where Malta's legal framework is preferred. The document incorporates requirements from Malta's Financial Collateral Arrangements Regulations and aligns with EU-wide standards for securities financing transactions.

1. Parties: Identification of the seller and buyer, including their corporate details and registered addresses

2. Background: Context of the agreement and brief explanation of the repo transaction structure

3. Definitions: Definitions of key terms used throughout the agreement, including financial terms specific to repo transactions

4. Sale and Repurchase: Core provisions detailing the initial sale and subsequent repurchase obligations

5. Purchase Price and Pricing: Specification of initial purchase price, repurchase price, and pricing calculations

6. Transfer of Title and Risk: Provisions regarding ownership transfer and risk allocation between parties

7. Margin Maintenance: Requirements for maintaining margin and procedures for margin calls

8. Income Payments: Treatment of income on purchased securities during the repo period

9. Representations and Warranties: Standard and transaction-specific representations and warranties

10. Events of Default: Definition of default events and their consequences

11. Close-out and Netting: Procedures for early termination and netting of obligations

12. Tax Provisions: Allocation of tax obligations and requirements

13. Governing Law and Jurisdiction: Specification of Maltese law as governing law and jurisdiction details

14. Notices: Communication procedures and contact details

15. General Provisions: Standard boilerplate clauses including amendments, assignments, and severability