Template:ISDA Master Agreement repurchase transaction: Difference between revisions
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'''[[Repurchase transaction]]'''. A [[transaction]] in which one party agrees to sell [[securities]] to the other party and such party has the right to repurchase those [[securities]] (or in some cases [[equivalent]] securities) from such other party at a future date.<ref>We assume, for this purpose that under the repurchase transaction, the original seller’s right to repurchase securities is limited to [[fungible]] securities and that it has no right to repurchase the exact same securities that it originally sold. This assumption is consistent with market practice, as far as we are aware, in relation to securities repurchase transactions governed by English law, and is necessary to avoid a risk that the transaction might otherwise be characterised by an English court as a secured loan.</ref> | '''[[Repurchase transaction]]'''. A [[transaction]] in which one party agrees to sell [[securities]] to the other party and such party has the right to repurchase those [[securities]] (or in some cases [[equivalent]] securities) from such other party at a future date.<ref>We assume, for this purpose that under the repurchase transaction, the original seller’s right to repurchase securities is limited to [[fungible]] securities and that it has no right to repurchase the exact same securities that it originally sold. This assumption is consistent with market practice, as far as we are aware, in relation to securities repurchase transactions governed by English law, and is necessary to avoid a risk that the transaction might otherwise be characterised by an English court as a secured loan. ''[Footnote is ISDA’s]''</ref> | ||
Latest revision as of 14:24, 1 August 2024
Repurchase transaction. A transaction in which one party agrees to sell securities to the other party and such party has the right to repurchase those securities (or in some cases equivalent securities) from such other party at a future date.[1]
- ↑ We assume, for this purpose that under the repurchase transaction, the original seller’s right to repurchase securities is limited to fungible securities and that it has no right to repurchase the exact same securities that it originally sold. This assumption is consistent with market practice, as far as we are aware, in relation to securities repurchase transactions governed by English law, and is necessary to avoid a risk that the transaction might otherwise be characterised by an English court as a secured loan. [Footnote is ISDA’s]