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Deed Of Charge And Assignment
"I need a Deed of Charge and Assignment for a Canadian manufacturing company granting security over its equipment, inventory, and receivables to secure a CAD 5 million term loan facility, with the security to become effective by March 1, 2025."
1. Parties: Identification of the Chargor (entity granting the security) and the Chargee (entity receiving the security)
2. Background: Context of the security arrangement, including reference to any underlying facility or obligation being secured
3. Definitions: Definitions of key terms used throughout the deed, including description of Charged Property and Secured Obligations
4. Creation of Security: Fixed and floating charges, assignments, and other security interests being created over the assets
5. Secured Obligations: Detailed description of the obligations being secured by the charge and assignment
6. Representations and Warranties: Chargor's confirmations regarding ownership, capacity, and status of the charged assets
7. Covenants: Positive and negative obligations of the Chargor regarding the charged assets and maintenance of security
8. Enforcement: Rights and remedies of the Chargee upon default, including appointment of receivers
9. Power of Attorney: Appointment of the Chargee as attorney to perfect or enforce security
10. Further Assurance: Obligation to execute further documents and take additional steps to perfect security
11. Notices: Process and requirements for giving notices under the deed
12. Assignment and Transfer: Rights and restrictions regarding transfer of rights under the deed
13. Governing Law and Jurisdiction: Specification of applicable law and courts having jurisdiction
14. Execution: Formal execution blocks meeting requirements for a deed
1. Currency Provisions: Required when secured obligations are in multiple currencies or foreign currency
2. Intellectual Property Provisions: Required when charge includes patents, trademarks, or other IP rights
3. Real Property Provisions: Required when security includes real estate or fixtures
4. Insurance Provisions: Required when specific insurance requirements apply to charged assets
5. Bank Account Provisions: Required when charge includes bank accounts or requires account control
6. Priority Arrangements: Required when there are multiple security holders and priority needs to be established
7. Trust Provisions: Required when security is held on trust for multiple beneficiaries
8. Cross-Border Provisions: Required when assets or parties are in multiple jurisdictions
1. Schedule 1 - Charged Property: Detailed description of all assets subject to the charge and assignment
2. Schedule 2 - Secured Obligations: Detailed description of all obligations being secured
3. Schedule 3 - Properties: List and details of any real property included in the security
4. Schedule 4 - Intellectual Property: List of specific IP rights included in the security
5. Schedule 5 - Bank Accounts: Details of specific bank accounts subject to the charge
6. Schedule 6 - Forms of Notice: Template notices for perfecting assignments of key contracts or rights
7. Schedule 7 - Existing Security: Details of any permitted existing security over the charged assets
8. Schedule 8 - Registration Requirements: Specific registration requirements for different types of charged assets
Authors
Assigned Rights
Business Day
Charged Assets
Charged Property
Collateral
Default
Default Rate
Delegate
Enforcement Date
Enforcement Event
Encumbrance
Event of Default
Excluded Assets
Finance Documents
Financial Indebtedness
Fixed Charge Assets
Floating Charge
Intellectual Property Rights
Insurance Policies
Law
Legal Reservation
Lenders
Losses
Material Adverse Effect
Monetary Claims
Notice
Permitted Encumbrance
PPSA
Proceeds
Receiver
Related Rights
Secured Liabilities
Secured Obligations
Secured Parties
Security
Security Assets
Security Interest
Security Period
Security Trust Deed
Subsidiary
Tax
Transaction Documents
Trust Property
Creation of Security
Fixed Charge
Floating Charge
Assignment
Secured Obligations
Representations and Warranties
Asset Covenants
General Covenants
Negative Pledge
Perfection of Security
Further Assurance
Powers of Attorney
Enforcement
Appointment of Receiver
Protection of Purchasers
Application of Proceeds
Set-off Rights
Currency Conversion
Release of Security
Costs and Expenses
Indemnities
Assignment and Transfer
Amendments and Waivers
Notices
Severability
Counterparts
Third Party Rights
Governing Law
Jurisdiction
Banking and Financial Services
Real Estate
Manufacturing
Technology
Energy and Resources
Infrastructure
Healthcare
Retail
Agriculture
Transportation and Logistics
Mining
Construction
Telecommunications
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Banking
Credit
Security Administration
Asset Management
Operations
Company Secretariat
Portfolio Management
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Security Trustee
Loan Officer
Credit Manager
Risk Manager
Commercial Banking Manager
Corporate Banking Director
Asset Manager
Property Manager
Company Secretary
Compliance Officer
Financial Controller
Transaction Manager
Portfolio Manager
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