Transaction - GMRA Provision

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GMRA Anatomy™

1(b) Each such transaction (which may be a repurchase transaction (“Repurchase Transaction”) or a buy and sell back transaction (“Buy/Sell Back Transaction”) shall be referred to herein as a “Transaction” and shall be governed by this Agreement, including any supplemental terms or conditions contained in Annex I hereto, unless otherwise agreed in writing.

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Resources: 2010 GMRA: Full wikitext · Nutshell wikitext
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There are two types of Transaction under a Global Master Repurchase Agreement: a Repurchase Transaction and a Buy/Sell Back Transaction.

Difference between Repurchase Transaction and a Buy/Sell Back Transaction

According to ICMA’s helpful website[1] economically, repos and sell/buy-backs both behave like secured loans; legally both amount to a sale and later repurchase of securities. A repurchase agreement is always a written contract; a sell/buy-back need not be.

  • Undocumented sell/buy-back]]s: The sale and repurchase legs of an undocumented sell/buy-back are considered as separate contracts. Since there is no contract between times:
    • The parties cannot call margin on each other for market movements between the transactions
    • Netting is less certain.
  • Documented sell/buyback]]s: There are operational differences between repos and documented sell backs:
    • Differences in the margining process
    • What happens when income is paid on collateral.


References