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Account Receivable Purchase Agreement
"I need an Account Receivable Purchase Agreement for a Malaysian manufacturing company selling its trade receivables to a local bank, with a revolving facility structure and a maximum facility amount of RM 10 million starting March 2025."
1. Parties: Identification of the Seller and Purchaser with full legal names and registration details
2. Background: Context of the transaction, nature of the receivables, and purpose of the agreement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Sale and Purchase: Core transaction terms including purchase mechanism, true sale provisions, and assignment terms
5. Purchase Price and Payment: Pricing methodology, payment mechanics, and any adjustments
6. Eligibility Criteria: Criteria for receivables to qualify for purchase
7. Conditions Precedent: Conditions that must be satisfied before purchases can commence
8. Representations and Warranties: Seller's and Purchaser's representations regarding their capacity and the receivables
9. Covenants: Ongoing obligations of the parties
10. Servicing and Collections: Terms for collection and management of receivables
11. Events of Default: Circumstances constituting default and consequences
12. Termination: Termination events and procedures
13. Indemnification: Indemnity provisions and procedures
14. Confidentiality: Protection of confidential information
15. Notices: Communication procedures between parties
16. Governing Law and Jurisdiction: Choice of Malaysian law and jurisdiction provisions
17. General Provisions: Standard boilerplate clauses including amendments, assignments, and severability
1. Security Arrangements: Required if additional security is provided beyond the assignment of receivables
2. Credit Insurance: Include if credit insurance is part of the transaction structure
3. Reserve Account: Include if a reserve mechanism is used for credit enhancement
4. Back-up Servicing: Required if a back-up servicer is appointed
5. Parent Company Guarantee: Include if parent company support is required
6. Data Protection: Detailed section required if significant personal data is involved
7. Islamic Finance Provisions: Required if the transaction needs to be Shariah-compliant
8. Currency Provisions: Include if receivables are in multiple currencies
1. Schedule 1 - Eligibility Criteria Details: Detailed list of criteria for eligible receivables
2. Schedule 2 - Form of Purchase Request: Standard form for requesting purchase of receivables
3. Schedule 3 - Approved Debtors: List of approved debtors whose receivables may be purchased
4. Schedule 4 - Collection Procedures: Detailed procedures for collecting receivables
5. Schedule 5 - Form of Notice to Debtors: Standard form of notice informing debtors of the assignment
6. Schedule 6 - Reporting Requirements: Templates and requirements for periodic reporting
7. Schedule 7 - Power of Attorney: Form of power of attorney for enforcement purposes
8. Appendix A - Required Documents: List of documents required for each purchase
9. Appendix B - Pricing Methodology: Detailed calculation methods for purchase price
10. Appendix C - System Specifications: Technical requirements for data exchange and reporting
Authors
Advance Rate
Approved Debtor
Assignment
Available Receivables
Business Day
Collection Account
Collection Period
Confidential Information
Cut-off Date
Debtor
Default Interest Rate
Defaulted Receivable
Dispute
Effective Date
Eligibility Criteria
Eligible Receivable
Encumbrance
Event of Default
Face Value
Financing Statement
Indebtedness
Indemnified Party
Initial Purchase Date
Insolvency Event
Material Adverse Effect
Maximum Facility Amount
Notice of Assignment
Outstanding Amount
Payment Date
Purchase Price
Purchase Request
Purchased Receivable
Purchaser
Receivable
Related Rights
Reporting Date
Required Documents
Reserve Account
Security Interest
Seller
Service Fee
Servicer
Settlement Date
Termination Date
Transaction Documents
Transfer
Unpaid Sum
Warranty
Sale and Purchase
Assignment
Purchase Price
Payment Terms
Conditions Precedent
Representations and Warranties
Covenants
Security Interest
Collection Rights
Servicing
Record Keeping
Reporting
Credit Enhancement
Events of Default
Remedies
Termination
Set-off
Indemnification
Confidentiality
Data Protection
Force Majeure
Assignment and Transfer
Notices
Amendments
Severability
Waiver
Costs and Expenses
Stamp Duty
Counterparts
Entire Agreement
Third Party Rights
Governing Law
Dispute Resolution
Banking and Financial Services
Manufacturing
Trading and Distribution
Construction
Technology and Telecommunications
Healthcare
Retail
Automotive
Energy and Utilities
Logistics and Transportation
Professional Services
Food and Beverage
Legal
Finance
Treasury
Credit and Collections
Risk Management
Operations
Compliance
Commercial
Trade Finance
Account Management
Chief Financial Officer
Finance Director
Treasury Manager
Credit Manager
Accounts Receivable Manager
Legal Counsel
Commercial Director
Risk Manager
Operations Manager
Financial Controller
Trade Finance Manager
Working Capital Manager
Collections Manager
Relationship Manager (Banking)
Compliance Officer
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