The Bond Repurchase Agreement serves as a crucial instrument in U.S. financial markets, providing a structured framework for short-term financing using securities as collateral. This document type is essential when parties need to establish terms for temporary transfers of securities with a commitment to repurchase. The agreement, governed by U.S. federal and state laws, typically includes detailed provisions for pricing, margin maintenance, default scenarios, and regulatory compliance. It's particularly relevant in liquidity management, short-term funding, and securities lending operations, incorporating protections under U.S. bankruptcy laws and securities regulations.
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1. Parties: Identification of seller and buyer, including legal entity details
2. Background: Context of the agreement and basic transaction structure
3. Definitions: Key terms used throughout the agreement, including 'Purchase Price', 'Repurchase Price', 'Income', 'Securities'
4. Purchase and Sale: Core transaction terms including initial transfer of securities
5. Repurchase: Terms of repurchase transaction and pricing
6. Margin Maintenance: Requirements for maintaining collateral value and margin calls
7. Income Payments: Treatment of interest, dividends, or other payments on securities
8. Events of Default: Definition of default events and consequences
9. Remedies: Rights and remedies upon default
1. Substitution: Optional provisions for rights to substitute securities when parties want flexibility to exchange collateral
2. Tax Provisions: Optional treatment of taxes and tax events, particularly relevant for cross-border transactions
3. Agency Provisions: Optional terms for agency transactions when either party acts as agent
4. Custody Arrangements: Optional terms for third-party custody when using tri-party repo structure
1. Schedule A - Eligible Securities: List of acceptable securities for the repo
2. Schedule B - Pricing Terms: Detailed pricing mechanisms and calculations
3. Schedule C - Authorized Traders: List of persons authorized to execute transactions
4. Annex I - Transaction Procedures: Operational procedures for executing trades
5. Annex II - Forms of Confirmations: Standard forms for trade confirmations
6. Annex III - Margin Calculations: Detailed methodology for margin calculations
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