This Repurchase Agreement template is designed for use in the Danish financial market, providing a standardized framework for securities financing transactions between financial institutions. It is particularly relevant for situations where parties seek to engage in short-term secured financing using securities as collateral. The document incorporates requirements from Danish financial regulations, the Danish Securities Trading Act, and relevant EU directives such as the Financial Collateral Directive. The agreement includes essential provisions for transfer of securities, pricing mechanisms, margin maintenance, and default scenarios, while ensuring compliance with Danish legal requirements regarding financial instruments and collateral arrangements. It is structured to accommodate both domestic and cross-border transactions, with specific attention to Danish market practices and regulatory obligations.
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Key Requirements PROMPT example:
Repurchase Agreement
I need a Danish law Repurchase Agreement template for use between our bank and various Danish pension funds, with specific provisions for government bonds as collateral and daily margin maintenance requirements.
1. Parties: Identification of the parties entering into the repurchase agreement
2. Background: Context of the agreement and general purpose of the repo transaction
3. Definitions: Key terms used throughout the agreement, including financial and technical terminology specific to repo transactions
4. Sale and Repurchase: Core provisions detailing the initial sale and commitment to repurchase, including pricing terms
5. Purchase Price and Repurchase Price: Specification of the initial purchase price and calculation of repurchase price including pricing rate
6. Transfer of Securities: Mechanics and timing of securities transfer for both initial sale and repurchase
7. Margin Maintenance: Provisions for maintaining agreed margin ratios and procedures for margin calls
8. Income Payments: Treatment of income received on the securities during the repo period
9. Representations and Warranties: Standard and transaction-specific representations by both parties
10. Events of Default: Definition of default events and consequences
11. Remedies: Rights and remedies available to non-defaulting party
12. Notices: Requirements and procedures for formal communications between parties
13. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction provisions
1. Substitution: Optional provisions allowing for substitution of securities, used when parties want flexibility in collateral management
2. Buy/Sell Back Annex: Additional provisions for transactions structured as buy/sell backs, used in specific market contexts
3. Agency Provisions: Required when one or both parties act as agents rather than principals
4. Force Majeure: Provisions dealing with extraordinary events, may be included based on party preference
5. Tax Provisions: Detailed tax provisions, necessary when parties are in different jurisdictions or have specific tax concerns
6. Electronic Trading: Provisions for electronic execution of trades, needed for automated trading platforms
7. Netting Provisions: Detailed close-out netting provisions, important for parties with multiple transactions
1. Schedule 1 - Form of Confirmation: Standard form for confirming individual repo transactions
2. Schedule 2 - Eligible Securities: List and characteristics of securities eligible for use in repos under the agreement
3. Schedule 3 - Margin Ratios: Detailed margin ratios and haircuts applicable to different types of securities
4. Schedule 4 - Contact Details: Contact information for notices, margin calls, and other communications
5. Appendix A - Standard Market Practice: Reference to applicable market conventions and practices
6. Appendix B - Tax Documentation: Required tax forms and documentation
7. Appendix C - Electronic Trading Terms: Terms specific to electronic trading if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Investment Management
Insurance
Securities Trading
Asset Management
Capital Markets
Treasury Services
Financial Technology
Institutional Investment
Relevant Teams
Legal
Treasury
Trading
Risk Management
Compliance
Operations
Securities Operations
Documentation
Finance
Credit Risk
Portfolio Management
Collateral Management
Trading Operations
Legal Operations
Regulatory Reporting
Relevant Roles
Treasury Manager
Risk Manager
Legal Counsel
Compliance Officer
Securities Trading Officer
Portfolio Manager
Collateral Manager
Financial Controller
Trading Operations Manager
Fixed Income Trader
Securities Operations Manager
Documentation Specialist
Investment Officer
Credit Risk Officer
Legal Documentation Manager
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