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Sell And Buy Back Agreement Template for India

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Key Requirements PROMPT example:

Sell And Buy Back Agreement

"I need a Sell and Buy Back Agreement for manufacturing equipment worth INR 5 crores, with the initial sale in March 2025 and buyback after 6 months, including specific provisions for equipment maintenance during the interim period and RBI compliance requirements."

Document background
The Sell And Buy Back Agreement is a sophisticated financial instrument used in Indian business and financial markets to facilitate temporary transfer of assets while maintaining an economic interest through a repurchase commitment. This document type is commonly used for financing arrangements, liquidity management, and strategic asset management. It finds application across various sectors, from financial institutions dealing with securities to companies seeking alternative financing arrangements for physical assets. The agreement must comply with Indian regulatory requirements, including RBI guidelines where applicable, and encompasses comprehensive provisions for both the initial sale and subsequent buyback, including pricing mechanisms, risk allocation, and settlement procedures. This document type is particularly relevant in the current Indian market context where businesses seek flexible financing solutions while maintaining long-term asset control.
Suggested Sections

1. Parties: Identification of the seller and buyer, including their registered addresses and company details

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms used throughout the agreement including 'Purchase Price', 'Repurchase Price', 'Settlement Date', etc.

4. Sale and Purchase: Terms of the initial sale including price, payment method, and transfer of title

5. Repurchase Obligation: Terms of the buyback including price, timing, and conditions

6. Settlement: Procedures for both initial sale and repurchase settlements

7. Representations and Warranties: Standard and specific warranties regarding ownership, authority, and asset condition

8. Risk and Title: Allocation of risk and ownership rights during the agreement period

9. Events of Default: Circumstances constituting default and consequences

10. Termination: Conditions and procedures for early termination

11. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction details

Optional Sections

1. Security Arrangements: Required when additional security or collateral is involved in the transaction

2. Regulatory Compliance: Include when dealing with regulated assets or when parties are regulated entities

3. Tax Provisions: Detailed tax clauses when complex tax implications exist

4. Interest and Pricing Adjustments: When variable pricing or interest calculations are part of the agreement

5. Third Party Rights: When rights of third parties need to be addressed or excluded

6. Force Majeure: When specific provisions for unforeseen circumstances are required

7. Confidentiality: When sensitive information is involved in the transaction

Suggested Schedules

1. Asset Description: Detailed description of the assets being sold and bought back

2. Pricing Schedule: Detailed calculation methods for purchase and repurchase prices

3. Settlement Procedures: Step-by-step procedures for both sale and buyback settlements

4. Form of Notices: Templates for various notices required under the agreement

5. Regulatory Compliance Checklist: List of regulatory requirements and compliance procedures

6. Security Documents: Forms of any security documents required

7. Payment Mechanics: Detailed payment procedures and account details

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions













































Clauses






























Relevant Industries

Banking and Financial Services

Securities and Investment

Asset Management

Real Estate

Manufacturing

Commodities Trading

Infrastructure

Energy and Resources

Technology and Software

Automotive

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Operations

Trading

Investment

Corporate Development

Asset Management

Securities Operations

Strategic Planning

Relevant Roles

Treasury Manager

Chief Financial Officer

Financial Controller

Legal Counsel

Risk Manager

Investment Manager

Asset Manager

Corporate Finance Manager

Compliance Officer

Transaction Manager

Securities Operations Manager

Portfolio Manager

Trading Manager

Strategic Finance Director

Business Development Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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