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Collateral Trust Agreement
"I need a Collateral Trust Agreement for a syndicated loan facility where ABC Bank will act as trustee holding mining equipment and accounts receivable as collateral on behalf of a syndicate of five Australian banks, with the agreement to commence on March 1, 2025."
1. Parties: Identifies all parties to the agreement including the trustee, beneficiaries, security provider(s), and any other relevant parties
2. Background: Sets out the context and purpose of the agreement, including the underlying obligations being secured
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Appointment of Trustee: Formal appointment of the trustee and acceptance of the trust
5. Declaration of Trust: Establishes the trust structure and defines the trust property
6. Security Interest: Details the creation and nature of the security interest over the collateral
7. Collateral Requirements: Specifies the types, value, and quality requirements for acceptable collateral
8. Trustee Powers and Duties: Outlines the specific powers and responsibilities of the trustee
9. Rights and Obligations of Security Provider: Details the ongoing obligations of the party providing the collateral
10. Events of Default: Defines circumstances constituting default and consequences
11. Enforcement: Procedures for enforcing security interests following an event of default
12. Representations and Warranties: Standard representations and warranties from all parties
13. Fees and Expenses: Details of trustee compensation and expense reimbursement
14. Termination: Conditions and procedures for terminating the trust arrangement
15. General Provisions: Standard boilerplate provisions including notices, amendments, governing law
1. Security Release Mechanisms: Procedures for releasing collateral when obligations are met or collateral is substituted - include when partial release of collateral is contemplated
2. Custodian Provisions: Include when a separate custodian will hold the collateral
3. Priority Arrangements: Required when there are multiple secured parties or competing security interests
4. Income and Distribution Provisions: Include when collateral generates income that needs to be collected and distributed
5. Collateral Valuation: Detailed provisions for periodic valuation of collateral - include for complex or variable collateral types
6. Foreign Currency Provisions: Include when collateral or secured obligations involve multiple currencies
7. Tax Provisions: Detailed tax provisions when complex tax implications exist
8. PPSA Specific Provisions: Additional provisions specifically addressing PPSA requirements - include for personal property collateral
1. Schedule 1 - Description of Collateral: Detailed description and specification of all collateral covered by the agreement
2. Schedule 2 - Security Provider Details: Full details of security providers including corporate information and contact details
3. Schedule 3 - Beneficiary Details: List of beneficiaries and their respective interests or entitlements
4. Schedule 4 - Secured Obligations: Detailed description of the obligations being secured
5. Schedule 5 - Fee Schedule: Detailed breakdown of trustee fees and charges
6. Schedule 6 - Operating Procedures: Detailed procedures for collateral maintenance, substitution, and valuation
7. Schedule 7 - Forms: Standard forms for notices, collateral transfers, and other routine communications
8. Appendix A - Security Registration Details: PPSA and other security registration information
9. Appendix B - Authorized Signatories: List of authorized signatories for each party with specimen signatures
Authors
Account Bank
Additional Secured Parties
Administrative Agent
Authorized Representative
Beneficiary
Business Day
Collateral
Collateral Account
Collateral Documents
Control Agreement
Default
Delegate
Distribution Date
Effective Date
Eligible Collateral
Enforcement Action
Enforcement Notice
Event of Default
Excluded Collateral
Financial Indebtedness
Governmental Authority
Initial Secured Parties
Insolvency Event
Intercreditor Agreement
Liability
Lien
Losses
Material Adverse Effect
New Secured Party
Notice of Default
Permitted Liens
PPSA
Priority
Proceeds
Qualifying Bank
Release Date
Release Notice
Secured Obligations
Secured Parties
Secured Party Representative
Security
Security Interest
Security Period
Security Provider
Security Trust
Specified Currency
Trust Property
Trust Deed
Trustee
Trustee Rights
Valuation Date
Voting Rights
Declaration of Trust
Trust Property
Security Interest Creation
Collateral Requirements
Registration and Perfection
Trustee Powers
Trustee Duties
Security Provider Obligations
Representations and Warranties
Events of Default
Enforcement
Priority and Subordination
Income Collection
Distribution Provisions
Fees and Expenses
Indemnification
Liability Limitation
Resignation and Removal
Successor Trustee
Amendment
Termination
Notice Requirements
Governing Law
Dispute Resolution
Assignment
Severability
Confidentiality
Force Majeure
Third Party Rights
Further Assurance
Counterparts
Electronic Execution
Banking and Financial Services
Investment Management
Corporate Lending
Infrastructure and Project Finance
Real Estate and Property
Mining and Resources
Energy and Utilities
Asset Management
Insurance
Private Equity
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Finance
Transaction Management
Trust Administration
Security Operations
Portfolio Management
General Counsel
Legal Counsel
Finance Director
Chief Financial Officer
Treasury Manager
Security Trustee
Trust Manager
Compliance Officer
Risk Manager
Transaction Manager
Portfolio Manager
Corporate Lawyer
Banking Lawyer
Security Administrator
Trust Officer
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