The Sell and Buy Back Agreement is commonly used in Singapore's financial markets as a financing tool, combining elements of both sale and secured lending. This document type is particularly relevant when parties seek to structure financing arrangements while temporarily transferring ownership of assets. Under Singapore law, these agreements must comply with specific regulatory requirements, particularly when used in securities trading or financial markets. The agreement typically includes detailed provisions about the asset valuation, transfer mechanisms, margin requirements, and default procedures, making it a crucial document for financing and liquidity management.
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1. Parties: Identification and details of the seller and buyer
2. Background: Context and purpose of the sell and buy back arrangement
3. Definitions: Key terms used throughout the agreement
4. Sale Terms: Details of the initial sale including price, assets, and completion
5. Buyback Terms: Terms of the repurchase including price and timing
6. Representations and Warranties: Statements of fact and assurances from both parties
7. Risk and Title: Transfer of risk and ownership provisions
8. Governing Law: Specification of Singapore law as governing law
1. Security Arrangements: Additional security provisions when collateral or security is required
2. Tax Provisions: Specific tax treatment and obligations for cross-border transactions or complex tax structures
3. Force Majeure: Provisions for unforeseen circumstances in long-term arrangements
4. Regulatory Compliance: Additional regulatory requirements when dealing with regulated assets or entities
1. Asset Schedule: Detailed description of assets subject to the agreement
2. Pricing Schedule: Detailed pricing mechanisms and calculations
3. Completion Checklist: Requirements for completion of both sale and buyback
4. Form of Transfer: Standard form for transferring assets
5. Regulatory Approvals: List of required regulatory approvals and status
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