Collateral Security Agreement Template for Switzerland

The Collateral Security Agreement is a crucial document in secured financing transactions under Swiss law, used whenever a party needs to grant security interests over assets to secure financial or other obligations. It is commonly employed in lending transactions, structured finance, project finance, and general corporate financing arrangements. The agreement must comply with Swiss law requirements regarding creation, perfection, and enforcement of security interests, particularly those set out in the Swiss Civil Code and Code of Obligations. The document typically includes detailed provisions on the nature and scope of the security interest, perfection requirements, maintenance obligations, enforcement mechanisms, and the rights and obligations of all parties involved. Its use is essential in both domestic Swiss transactions and cross-border arrangements where Swiss assets are being provided as security.

1. Parties: Identification of the security provider (collateral giver) and the secured party (collateral taker), including full legal names and addresses

2. Background: Context of the security arrangement, reference to underlying obligations or facility agreements, and purpose of the security

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation

4. Creation and Perfection of Security Interest: Legal provisions establishing the security interest and steps required for perfection under Swiss law

5. Secured Obligations: Description of the obligations being secured, including principal, interest, fees, and other amounts

6. Collateral: Detailed description of the assets being provided as collateral and their location

7. Representations and Warranties: Statements by the security provider regarding ownership, authority, and status of the collateral

8. Covenants: Ongoing obligations of the security provider regarding maintenance and preservation of the collateral

9. Events of Default: Circumstances that trigger enforcement rights

10. Enforcement: Rights and procedures for enforcing the security interest upon default

11. Power of Attorney: Appointment of the secured party as attorney for perfection and enforcement purposes

12. Further Assurance: Obligation to execute additional documents and take further steps if needed

13. Notices: Process and requirements for formal communications between parties

14. Assignment and Transfer: Rules regarding transfer of rights under the agreement

15. Governing Law and Jurisdiction: Confirmation of Swiss law as governing law and jurisdiction for disputes