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Security Assignment Agreement
"I need a Swiss law Security Assignment Agreement for a CHF 5 million bank loan where my company will assign its trade receivables to the bank as security, with the agreement to be effective from March 1, 2025."
1. Parties: Identification of the Assignor and Assignee with full legal names and addresses
2. Background: Context of the security assignment, including reference to any underlying obligations or facilities being secured
3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including specific Swiss law concepts
4. Assignment: Core provision establishing the assignment of rights as security, complying with Swiss law requirements for valid assignment
5. Scope of Assignment: Detailed description of the assigned rights and claims, including present and future rights if applicable
6. Perfection Requirements: Steps required to perfect the assignment under Swiss law, including notification requirements and registrations
7. Representations and Warranties: Assignor's confirmations regarding ownership, capacity, and absence of encumbrances
8. Assignor's Obligations: Ongoing obligations of the Assignor regarding the assigned rights
9. Enforcement: Rights and procedures for enforcing the security in accordance with Swiss law
10. Power of Attorney: Irrevocable power of attorney granted to the Assignee for perfection and enforcement
11. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction of Swiss courts
1. Further Security: Additional security arrangements, used when multiple types of security are being created
2. Bank Accounts: Specific provisions for assigned bank accounts, including operating procedures and restrictions
3. Insurance: Provisions regarding insurance of any underlying assets, used when physical assets are involved
4. Release and Reassignment: Terms for releasing the security and reassigning rights, used in more complex transactions
5. Priority Arrangements: Provisions dealing with ranking of security, used when multiple security interests exist
6. Data Protection: Specific provisions regarding personal data, required when assigned rights involve personal data
7. Currency Provisions: Used when assigned rights are in multiple currencies or currency conversion is relevant
1. Schedule 1 - Assigned Rights: Detailed description and identification of all rights being assigned
2. Schedule 2 - Form of Notice of Assignment: Template notice to be sent to relevant third parties (e.g., debtors) as required by Swiss law
3. Schedule 3 - Form of Acknowledgment: Template acknowledgment to be obtained from relevant third parties
4. Schedule 4 - Perfection Requirements: Detailed list of specific actions required to perfect the security interest
5. Schedule 5 - Contract Details: Details of underlying contracts relating to assigned rights
6. Appendix A - Powers of Attorney: Forms of powers of attorney required under Swiss law
7. Appendix B - Registration Forms: Any required registration forms or filings under Swiss law
Authors
Assignment
Business Day
Debtor
Default
Enforcement Event
Existing Rights
Future Rights
Obligor
Perfection Requirements
Power of Attorney
Principal Obligations
Reassignment
Secured Obligations
Secured Party
Security
Security Assets
Security Interest
Security Period
Swiss Business Day
Swiss Civil Code
Swiss Code of Obligations
Security Provider
Underlying Agreement
Notification
Acknowledgment
Collection Rights
Enforcement Proceeds
Related Rights
Security Documents
Effective Date
Event of Default
Permitted Security
Register
Registration Requirements
Release Date
Required Authorizations
Secured Liabilities
Security Agent
Security Assignment
Assignment
Security Creation
Perfection
Representations and Warranties
Covenants
Further Assurance
Power of Attorney
Enforcement
Application of Proceeds
Release and Reassignment
Continuing Security
Notices
Assignment and Transfer
Amendments
Severability
Counterparts
Third Party Rights
Indemnification
Set-Off
Currency Conversion
Costs and Expenses
Confidentiality
Data Protection
Governing Law
Jurisdiction
Process Agent
Waiver and Cumulative Remedies
Priority
Additional Security
Banking and Financial Services
Insurance
Real Estate
Manufacturing
Technology
Infrastructure
Energy
Telecommunications
Healthcare
Professional Services
Trading and Commerce
Construction
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Finance
Credit
Transaction Management
Security Administration
Operations
Legal Counsel
Finance Director
Chief Financial Officer
Treasury Manager
Credit Risk Manager
Security Trustee
Compliance Officer
Transaction Manager
Corporate Finance Manager
Legal Director
Banking Lawyer
Security Agent
Contract Manager
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