The Sell and Buy Back Agreement is a vital financial instrument used in Malta's sophisticated financial services sector. It serves as a mechanism for short-term financing and liquidity management, allowing parties to effectively transfer assets while maintaining a commitment to reverse the transaction at a future date. Typically employed by financial institutions, banks, and corporate entities operating under Maltese law, this agreement type must comply with both local Maltese regulations and relevant EU directives. The document encompasses detailed provisions for the initial sale, repurchase obligations, pricing mechanisms, risk allocation, and default scenarios. It is particularly relevant in Malta's financial sector due to the jurisdiction's growing importance as a financial services hub within the EU, requiring careful consideration of both domestic and European regulatory requirements.

1. Parties: Identification of the seller and buyer, including their full legal names, registration details, and addresses

2. Background: Context of the agreement, relationship between parties, and general purpose of the transaction

3. Definitions: Definitions of key terms used throughout the agreement, including financial terms, dates, and technical terminology

4. Sale and Purchase: Terms of the initial sale, including asset description, purchase price, and transfer mechanics

5. Repurchase Obligation: Terms of the buyback, including repurchase price calculation, timing, and execution process

6. Price and Payment Terms: Detailed pricing mechanisms, payment methods, and timing for both sale and repurchase

7. Transfer of Title and Risk: Provisions regarding ownership transfer, risk allocation, and custodial arrangements

8. Representations and Warranties: Standard and transaction-specific representations and warranties from both parties

9. Covenants: Ongoing obligations of both parties during the term of the agreement

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

11. Rights and Remedies: Actions available to parties in case of default or breach

12. Termination: Circumstances and process for early termination

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

14. Notices: Process and requirements for formal communications between parties

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