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Collateral Assignment Agreement
"I need a Collateral Assignment Agreement under Canadian law for a manufacturing company assigning its equipment and inventory as security for a $5M loan, with specific provisions for periodic inventory updates and equipment maintenance requirements."
1. Parties: Identifies and defines the assignor, assignee, and any other relevant parties to the agreement
2. Background: Recitals explaining the context of the assignment and the underlying obligations
3. Definitions: Defines key terms used throughout the agreement, including description of collateral, secured obligations, and other important concepts
4. Grant of Security Interest: The operative clause where the assignor grants a security interest in the collateral to the assignee
5. Description of Collateral: Detailed description of the assets being assigned as collateral
6. Secured Obligations: Description of the obligations being secured by the collateral
7. Representations and Warranties: Assignor's statements regarding ownership, authority, and status of the collateral
8. Covenants: Ongoing obligations of the assignor regarding maintenance, protection, and preservation of the collateral
9. Default and Remedies: Events of default and the assignee's rights and remedies upon default
10. Perfection and Priority: Requirements for perfecting the security interest and maintaining priority
11. General Provisions: Standard provisions including notices, amendments, governing law, etc.
1. Insurance Requirements: Required when the collateral needs to be insured or specific insurance arrangements need to be documented
2. Third Party Consents: Required when assignment of certain collateral requires consent from other parties
3. Special Rights and Licenses: Used when the collateral includes intellectual property or special licenses
4. Registration and Filing: Detailed requirements for PPSA or other registrations when complex filing requirements exist
5. Intercreditor Provisions: Required when there are multiple secured creditors and priorities need to be established
6. Custody of Collateral: Required when physical possession or control of collateral needs special arrangements
7. Release Provisions: Detailed release mechanics when partial releases of collateral are contemplated
1. Schedule A - Description of Collateral: Detailed itemization and description of all assets being assigned as collateral
2. Schedule B - Permitted Liens: List of any existing liens or encumbrances that are permitted on the collateral
3. Schedule C - Locations of Collateral: List of all locations where collateral is stored or maintained
4. Schedule D - Intellectual Property: Detailed list of any intellectual property included in the collateral
5. Schedule E - Required Filings: List of all required registrations and filings for perfection
6. Appendix 1 - Form of Notice: Standard form for notices to third parties regarding the assignment
7. Appendix 2 - Form of PPSA Financing Statement: Template or copy of PPSA financing statement to be filed
Authors
Applicable Law
Assignee
Assignor
Business Day
Collateral
Default
Event of Default
Governmental Authority
Lien
Loan Agreement
Material Adverse Effect
Obligations
Permitted Liens
Person
PPSA
Proceeds
Security Interest
Secured Obligations
Security Documents
UCC
Affiliate
Authorization
Charged Property
Contractual Rights
Credit Agreement
Encumbrance
Enforcement Date
Insurance Policies
Intellectual Property Rights
Losses
Notice
Permitted Disposition
Power of Attorney
Receiver
Related Rights
Required Consents
Security Period
Secured Parties
Transaction Documents
Transfer
Underlying Documents
Value
Writing
Release Date
Priority Agreement
Registration
Perfection
Location of Collateral
Chief Executive Office
Definitions
Grant of Security Interest
Description of Collateral
Secured Obligations
Representations and Warranties
Covenants
Further Assurance
Perfection
Priority
Insurance
Possession of Collateral
Use and Preservation of Collateral
Events of Default
Enforcement
Remedies
Power of Attorney
Assignment and Transfer
Notices
Amendments and Waivers
Severability
Entire Agreement
Governing Law
Jurisdiction
Counterparts
Third Party Rights
Confidentiality
Indemnification
Release and Discharge
Registration
Costs and Expenses
No Merger
Time of Essence
Survival
Acknowledgment
Banking and Financial Services
Commercial Lending
Asset-Based Lending
Equipment Financing
Real Estate
Manufacturing
Technology
Healthcare
Energy
Infrastructure
Agriculture
Transportation
Construction
Legal
Finance
Risk Management
Credit Administration
Compliance
Treasury
Commercial Banking
Corporate Banking
Asset Management
Security Administration
Loan Operations
Portfolio Management
Legal Counsel
Commercial Lending Officer
Credit Risk Manager
Corporate Finance Manager
Asset Manager
Compliance Officer
Security Trustee
Loan Administrator
Collections Manager
Business Development Manager
Treasury Manager
Financial Controller
Chief Financial Officer
Risk Assessment Officer
Portfolio Manager
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