The Prepaid Forward Purchase Agreement is a specialized financial instrument used when parties wish to structure a transaction involving advance payment for future delivery of assets. This document is specifically tailored for use under Malaysian law and incorporates relevant regulatory requirements from Malaysian financial services legislation. It is commonly used in commodities trading, financial services, and other commercial sectors where parties seek to lock in prices and manage supply chain or investment risks. The agreement includes comprehensive provisions covering payment mechanisms, delivery obligations, risk allocation, default scenarios, and settlement procedures. It can be adapted for various underlying assets and includes options for both physical and cash settlement, making it suitable for different commercial arrangements while ensuring compliance with Malaysian regulatory requirements.
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1. Parties: Identification of the buyer and seller, including their legal status and addresses
2. Background: Context of the transaction and relationship between parties
3. Definitions: Key terms used throughout the agreement, including financial and technical terms
4. Purchase and Sale Obligation: Core agreement to sell and purchase the underlying asset, including prepayment terms
5. Prepayment Amount and Payment Terms: Details of the prepayment amount, payment method, and timing
6. Delivery Obligations: Terms regarding the future delivery of the underlying asset
7. Representations and Warranties: Standard and transaction-specific representations by both parties
8. Covenants: Ongoing obligations of the parties during the contract term
9. Events of Default: Circumstances constituting default and consequences
10. Termination: Termination events and procedures
11. Governing Law and Jurisdiction: Choice of Malaysian law and jurisdiction provisions
12. Notices: Communication procedures between parties
13. General Provisions: Standard boilerplate clauses including amendments, assignments, and severability
1. Physical Settlement Provisions: Detailed procedures for physical delivery when applicable
2. Cash Settlement Provisions: Alternative cash settlement procedures if physical delivery is not required
3. Intermediary Provisions: Terms relating to any custodians or clearing houses involved
4. Market Disruption Events: Procedures for handling market disruptions affecting the underlying asset
5. Tax Provisions: Specific tax handling and gross-up provisions if relevant
6. Regulatory Compliance: Additional compliance requirements for regulated assets or parties
7. Security Arrangements: Any collateral or security requirements for the transaction
8. Force Majeure: Provisions for handling events beyond parties' control
1. Asset Specifications: Detailed description of the underlying asset and its characteristics
2. Pricing and Valuation Methodology: Methods for calculating various price-related elements
3. Form of Notices: Standard forms for various notices required under the agreement
4. Delivery Procedures: Detailed procedures for asset delivery or settlement
5. Required Documents: List and forms of documents required for closing
6. Calculation Agent Provisions: Detailed terms regarding calculation agent's role and responsibilities
7. Contact Details: Detailed contact information for all relevant parties and representatives
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Banking
Commodities Trading
Energy
Mining
Agriculture
Manufacturing
Investment Management
Asset Management
Securities Trading
Relevant Teams
Legal
Treasury
Trading
Risk Management
Compliance
Operations
Finance
Commercial
Settlement
Portfolio Management
Business Development
Relevant Roles
Chief Financial Officer
Treasury Manager
Trading Manager
Risk Manager
Legal Counsel
Compliance Officer
Financial Controller
Commercial Director
Investment Manager
Operations Manager
Settlement Officer
Contract Administrator
Business Development Manager
Portfolio Manager
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