Forward Purchase Agreements are essential instruments in U.S. commerce for managing future supply needs and price risk. These agreements are commonly used when businesses need to secure future supplies at predetermined prices or when investors want to lock in future purchase opportunities. The document typically includes specific details about the asset to be purchased, pricing mechanisms, delivery terms, and risk allocation between parties. Under U.S. jurisdiction, these agreements must comply with various federal and state regulations, particularly the UCC and potentially CFTC or SEC regulations depending on the underlying asset.
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1. Parties: Identification of buyer and seller with full legal details
2. Background: Context and purpose of the forward purchase agreement
3. Definitions: Key terms used throughout the agreement
4. Purchase and Sale Obligation: Core terms of the forward purchase commitment
5. Price and Payment Terms: Agreed purchase price and payment mechanisms
6. Delivery Terms: Timing, location, and method of delivery
7. Representations and Warranties: Standard assurances from both parties
8. Term and Termination: Duration and termination provisions
9. Governing Law: Applicable law and jurisdiction
1. Market Disruption Events: Provisions for handling market disruptions - used for commodity or financial instrument forwards
2. Force Majeure: Provisions for unforeseeable circumstances - typically used for physical delivery contracts
3. Credit Support: Collateral or guarantee requirements - included when credit risk is a concern
1. Product Specifications Schedule: Detailed description of the asset or commodity being purchased
2. Pricing Formula Schedule: Detailed calculation methodology if price is variable or based on market factors
3. Delivery Schedule: Detailed timeline for deliveries if multiple delivery dates are involved
4. Form of Notice: Standard forms for required notices under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
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