A Credit Transfer Agreement is essential when parties wish to transfer credit rights and obligations under English and Welsh law. This document is commonly used in financial transactions, debt trading, and portfolio transfers. It details the specifics of the transfer, including the credit amount, payment terms, and any security arrangements. The agreement ensures compliance with UK financial regulations, including FCA requirements where applicable, and provides certainty for all parties involved in the transfer. It's particularly relevant in scenarios involving loan portfolio sales, debt restructuring, or syndicated facility transfers.
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1. Parties: Identification of transferor and transferee
2. Background: Context of the credit transfer and existing arrangements
3. Definitions: Key terms used throughout the agreement
4. Transfer Provisions: Core terms of the credit transfer
5. Consideration: Payment terms and consideration for the transfer
6. Representations and Warranties: Standard assurances from both parties
7. Governing Law and Jurisdiction: Choice of law and dispute resolution provisions
1. Security Arrangements: Details of any security provided, used when transfer involves secured credit
2. Data Protection: Specific data handling provisions, required when personal data is involved
3. Employee Provisions: Required when transfer involves staff transfers
4. Regulatory Compliance: Specific provisions for regulated entities
1. Schedule 1 - Transferred Credits: Detailed list of credits being transferred
2. Schedule 2 - Transfer Documents: Forms and notices required to effect the transfer
3. Schedule 3 - Security Documents: Details of security arrangements if applicable
4. Schedule 4 - Completion Requirements: Conditions precedent and completion checklist
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