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1. Parties: Identification of the seller and purchaser of the debt, including full legal names and registration details
2. Background: Context of the transaction, including brief description of the debt being sold and the parties' intentions
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Sale and Purchase: Core terms of the transaction, including the debt being sold and purchase price
5. Conditions Precedent: Conditions that must be satisfied before completion of the purchase
6. Completion: Details of when and how the transfer will take place, including mechanics of payment and transfer
7. Representations and Warranties: Seller's and purchaser's representations regarding their capacity and the debt being sold
8. Seller's Undertakings: Ongoing obligations of the seller, including cooperation in transfer and documentation
9. Assignment and Transfer: Legal mechanics of the debt transfer and any restrictions on further assignment
10. Confidentiality: Obligations regarding confidential information and data protection compliance
11. Notices: Process for formal communications between parties
12. Governing Law and Jurisdiction: Confirmation of Austrian law governance and jurisdiction for disputes
13. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Security Transfer: Required when the debt is secured by collateral that needs to be transferred
2. Data Protection: Expanded section required when significant personal data is involved in the debt transfer
3. Regulatory Compliance: Required when either party is subject to specific regulatory requirements
4. Third Party Rights: Required when there are guarantors or other third parties with rights related to the debt
5. True Sale Provisions: Required when need to emphasize the transaction is a true sale rather than security
6. Consumer Protection: Required when the underlying debt involves consumer contracts
7. Servicing Arrangements: Required when the seller will continue to service the debt post-sale
1. Schedule 1 - The Debt: Detailed description and identification of the debt being purchased
2. Schedule 2 - Purchase Price Calculation: Methodology and calculations for determining the purchase price
3. Schedule 3 - Completion Requirements: Detailed list of documents and actions required for completion
4. Schedule 4 - Seller's Warranties: Detailed warranties given by the seller regarding the debt
5. Schedule 5 - Form of Transfer Notice: Template for notifying debtors of the transfer
6. Schedule 6 - Excluded Debts: List of any debts specifically excluded from the purchase
7. Appendix A - Data Protection Requirements: Detailed data protection obligations and procedures
8. Appendix B - Power of Attorney: Form of power of attorney for post-completion actions
Banking
Financial Services
Debt Collection
Investment Management
Asset Management
Private Equity
Credit Management
Financial Technology
Insurance
Commercial Lending
Legal
Finance
Risk Management
Compliance
Treasury
Investment
Portfolio Management
Credit Risk
Due Diligence
Debt Recovery
Transaction Management
Chief Financial Officer
Head of Legal
Investment Manager
Portfolio Manager
Risk Manager
Debt Collection Manager
Legal Counsel
Compliance Officer
Credit Risk Manager
Treasury Manager
Investment Director
Portfolio Analyst
Transaction Manager
Due Diligence Specialist
Debt Recovery Specialist
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