This Overnight Reverse Repurchase Agreement template is designed for use in the Irish financial markets, providing a legal framework for short-term secured financing transactions. The document is essential for financial institutions, banks, and investment firms operating under Irish jurisdiction who engage in overnight repo transactions for liquidity management, financing, or securities borrowing purposes. It incorporates requirements from Irish financial regulations, EU directives, and international market standards, addressing key aspects such as collateral transfer, margin maintenance, default procedures, and regulatory compliance. The agreement is particularly relevant in the context of Irish and EU financial markets infrastructure and includes specific provisions required by Irish law regarding financial collateral arrangements and settlement finality.
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1. Parties: Identification of the parties entering into the agreement
2. Background: Context of the agreement and general intention of the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Purchase and Repurchase: Core provisions regarding the sale and repurchase of securities
5. Income Payments: Treatment of income received on purchased securities during the transaction
6. Margin Maintenance: Provisions for maintaining agreed margin ratios and margin transfer mechanics
7. Payment and Transfer: Mechanics of payments and securities transfers
8. Representations and Warranties: Standard representations and warranties from both parties
9. Events of Default: Definition of events of default and their consequences
10. Close-out and Set-off: Procedures for early termination and calculation of amounts due
11. Notices: Requirements for giving notices under the agreement
12. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction provisions
1. Tax Provisions: Detailed tax provisions when parties are subject to different tax regimes or specific tax considerations apply
2. Agency Provisions: Additional provisions when one party acts as agent for multiple principals
3. Buy/Sell Back Transactions: Specific provisions for buy/sell back transactions if these are to be covered
4. Force Majeure: Provisions dealing with events outside parties' control, if not covered in standard terms
5. Electronic Trading: Provisions for electronic trading platforms when relevant
6. Custodian Provisions: Additional provisions when third-party custodians are involved
1. Schedule 1 - Form of Confirmation: Standard form for transaction confirmations
2. Schedule 2 - Eligible Securities: List of securities eligible for use in transactions
3. Schedule 3 - Margin Percentages: Agreed margin ratios for different types of securities
4. Schedule 4 - Contact Details: Contact information for notices and operations
5. Schedule 5 - Settlement Systems and Arrangements: Details of agreed settlement systems and procedures
6. Appendix A - Form of Margin Transfer Notice: Standard form for margin call notices
7. Appendix B - Tax Documentation: Required tax forms and certificates
8. Appendix C - Electronic Messaging Procedures: Procedures for electronic communications and trading if applicable
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