The Standby Bond Purchase Agreement is a crucial document in Malaysian capital markets, providing liquidity support for bond issuances by establishing a commitment from a financial institution to purchase bonds under specified circumstances. This agreement is particularly important in situations where issuers seek to enhance the marketability and credit rating of their bonds by securing a backup purchase commitment. The document must comply with Malaysian financial regulations, including the Capital Markets and Services Act 2007 and, where applicable, Islamic Financial Services Act 2013. It typically contains detailed provisions on purchase triggers, pricing mechanisms, conditions precedent, and regulatory compliance requirements. The agreement is especially relevant in project finance, infrastructure development, and corporate financing scenarios where long-term bond issuances require additional liquidity support.
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1. Parties: Identifies the main parties: Standby Purchaser, Bond Issuer, and any Trustee or Facility Agent
2. Background: Context of the bond issuance and purpose of the standby purchase arrangement
3. Definitions and Interpretation: Defines key terms and interpretation rules, including Malaysian law-specific terms
4. Appointment and Duration: Terms of appointment of standby purchaser and duration of the agreement
5. Purchase Commitment: Core terms of the purchase commitment, including amount and conditions
6. Purchase Triggers: Events or conditions that trigger the purchase obligation
7. Purchase Price and Payment: Calculation of purchase price and payment mechanisms
8. Conditions Precedent: Conditions that must be satisfied before the agreement becomes effective
9. Representations and Warranties: Standard and specific representations by all parties
10. Covenants: Ongoing obligations of the parties
11. Events of Default: Circumstances constituting default and consequences
12. Fees and Expenses: Fee structure and expense allocation
13. Tax Provisions: Tax treatment and obligations
14. Notices: Communication procedures between parties
15. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction provisions
16. Miscellaneous: Standard boilerplate provisions
1. Shariah Compliance: Required if the bonds are Islamic securities, establishing compliance with Shariah principles
2. Security Arrangements: Include if any security is provided for the purchase obligation
3. Market Disruption: Provisions for handling market disruption events
4. Rating Agency Provisions: Include if the bonds are rated and rating-related obligations exist
5. Transfer and Assignment: Include if transfer rights need specific regulation
6. Step-in Rights: Include if other parties have rights to step into the purchase obligation
7. Force Majeure: Specific force majeure provisions beyond standard defaults
8. Regulatory Compliance: Specific regulatory requirements beyond standard provisions
1. Form of Purchase Notice: Standard form for triggering the purchase obligation
2. Calculation of Purchase Price: Detailed methodology for price calculation
3. Administrative Details: Contact details and account information for all parties
4. Form of Compliance Certificate: Template for periodic compliance certification
5. Bond Terms and Conditions: Summary or extract of relevant bond conditions
6. Fee Schedule: Detailed breakdown of fees and payment schedules
7. Form of Transfer Certificate: If transfers are permitted, standard transfer documentation
8. Required Regulatory Approvals: List of necessary regulatory approvals and status
Relevant legal definitions
Accrued Interest
Applicable Rate
Bond Documents
Bonds
Business Day
Calculation Date
Commitment Fee
Commitment Period
Default Interest Rate
Event of Default
Facility Agent
Issue Date
Issuer
Malaysian Ringgit
Maturity Date
Maximum Purchase Price
Notice of Purchase
Outstanding Principal Amount
Permitted Investments
Purchase Commitment
Purchase Date
Purchase Event
Purchase Notice
Purchase Obligation
Purchase Price
Rating Agency
Regulatory Authority
Securities Commission
Security Interest
Shariah Advisor
Specified Currency
Standby Purchaser
Subscription Agreement
Trust Deed
Trustee
Applicable Rate
Bond Documents
Bonds
Business Day
Calculation Date
Commitment Fee
Commitment Period
Default Interest Rate
Event of Default
Facility Agent
Issue Date
Issuer
Malaysian Ringgit
Maturity Date
Maximum Purchase Price
Notice of Purchase
Outstanding Principal Amount
Permitted Investments
Purchase Commitment
Purchase Date
Purchase Event
Purchase Notice
Purchase Obligation
Purchase Price
Rating Agency
Regulatory Authority
Securities Commission
Security Interest
Shariah Advisor
Specified Currency
Standby Purchaser
Subscription Agreement
Trust Deed
Trustee
Clauses
Interpretation
Appointment
Purchase Commitment
Purchase Triggers
Purchase Price
Payment Mechanics
Conditions Precedent
Representations and Warranties
Covenants
Events of Default
Remedies
Fees and Expenses
Taxation
Currency
Market Disruption
Increased Costs
Indemnification
Assignment and Transfer
Confidentiality
Notices
Amendments
Waiver
Severability
Counterparts
Electronic Execution
Force Majeure
Regulatory Compliance
Shariah Compliance
Governing Law
Dispute Resolution
Third Party Rights
Appointment
Purchase Commitment
Purchase Triggers
Purchase Price
Payment Mechanics
Conditions Precedent
Representations and Warranties
Covenants
Events of Default
Remedies
Fees and Expenses
Taxation
Currency
Market Disruption
Increased Costs
Indemnification
Assignment and Transfer
Confidentiality
Notices
Amendments
Waiver
Severability
Counterparts
Electronic Execution
Force Majeure
Regulatory Compliance
Shariah Compliance
Governing Law
Dispute Resolution
Third Party Rights
Relevant Industries
Financial Services
Banking
Investment Banking
Corporate Finance
Islamic Finance
Capital Markets
Infrastructure
Real Estate
Energy
Telecommunications
Manufacturing
Government and Public Sector
Relevant Teams
Legal
Treasury
Corporate Finance
Compliance
Risk Management
Capital Markets
Islamic Banking
Credit
Operations
Documentation
Portfolio Management
Relevant Roles
Chief Financial Officer
Treasury Manager
Bond Program Manager
Debt Capital Markets Director
Corporate Finance Manager
Investment Banking Director
Legal Counsel
Compliance Officer
Credit Risk Manager
Structured Finance Manager
Islamic Finance Specialist
Portfolio Manager
Fixed Income Manager
Rating Agency Analyst
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