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General Security Agreement
"I need a General Security Agreement under German law for a manufacturing company granting security over its equipment, inventory, and receivables to a syndicate of banks, with the agreement to be signed by March 2025."
1. Parties: Identification of the secured party (Sicherungsnehmer) and the security provider (Sicherungsgeber)
2. Background: Context of the security agreement, including reference to any underlying credit or facility agreement
3. Definitions: Definitions of key terms used throughout the agreement, including specific German legal terminology
4. Grant of Security Interest: Core provision establishing the security interest (Sicherungsrecht) over the collateral
5. Description of Secured Obligations: Detailed description of the obligations being secured (gesicherte Forderungen)
6. Representations and Warranties: Security provider's confirmations regarding ownership, authority, and absence of encumbrances
7. Perfection Requirements: Steps required to perfect the security interest under German law
8. Maintenance of Collateral: Obligations regarding the preservation and maintenance of the collateral
9. Rights and Obligations: Ongoing rights and obligations of both parties regarding the collateral
10. Events of Default: Circumstances constituting default and triggering enforcement rights
11. Enforcement: Procedures and rights for enforcing the security interest under German law
12. Costs and Expenses: Allocation of costs related to the creation, maintenance, and enforcement of the security
13. Notices: Communication requirements and contact details
14. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction
1. Bank Accounts: Specific provisions for security over bank accounts, used when bank accounts form part of the collateral
2. Intellectual Property: Special provisions for IP rights as collateral, including registration requirements
3. Insurance: Requirements for insurance of physical collateral, used when tangible assets are involved
4. Further Assurance: Obligations to execute additional documents, used in complex security arrangements
5. Release Provisions: Conditions and process for releasing security, relevant for revolving security arrangements
6. Parallel Debt: Creation of parallel debt structure, used when multiple creditors are involved
7. Data Protection: GDPR compliance provisions, required when personal data is processed
8. Assignment and Transfer: Provisions regarding transfer of security interest, used in syndicated arrangements
1. Schedule 1 - Collateral Description: Detailed description and/or list of all assets subject to the security interest
2. Schedule 2 - Bank Account Details: List of relevant bank accounts and their details
3. Schedule 3 - Form of Notice: Template notices required for perfection of certain security interests
4. Schedule 4 - Filing and Registration Requirements: Checklist of required filings and registrations
5. Schedule 5 - Existing Security Interests: List of permitted existing security interests over the collateral
6. Appendix A - Power of Attorney: Form of power of attorney for enforcement purposes
7. Appendix B - Confirmation Forms: Template forms for third-party confirmations and acknowledgments
Authors
Additional Obligor
Business Day
Collateral
Default
Delegate
Disposal
Enforcement Event
Event of Default
Facility Agreement
Finance Documents
Finance Parties
Financial Indebtedness
Secured Assets
Secured Liabilities
Secured Obligations
Secured Parties
Security
Security Agent
Security Assets
Security Document
Security Interest
Security Period
Security Provider
Security Trustee
Sicherungsgeber
Sicherungsnehmer
Sicherungsrecht
Subsidiary
Transaction Security
Trust Property
Parallel Debt
Permitted Security
Material Adverse Effect
Insolvency Event
Charged Property
Security Protection Notice
Perfection Requirements
Receivables
Related Rights
Guarantor
Security Assignment
Enforcement Proceeds
Discharge Date
Security Assets Register
Secured Party Representative
Release Notice
Existing Security
Security Transfer Agreement
Voting Rights
Interpretation
Grant of Security
Security Creation
Security Interest
Perfection Requirements
Representations and Warranties
Undertakings
Covenants
Enforcement
Power of Attorney
Further Assurance
Release of Security
Costs and Expenses
Indemnification
Assignment and Transfer
Amendments and Waivers
Notices
Severability
Parallel Debt
Security Agent Provisions
Governing Law
Jurisdiction
Service of Process
Confidentiality
Data Protection
Default
Remedies
Priority
Insurance
Maintenance of Collateral
Third Party Rights
Entire Agreement
Counterparts
Authority and Capacity
No Hardship
Set-off Rights
Information Rights
Registration Requirements
Accounting and Calculations
Language
Banking & Financial Services
Corporate Finance
Commercial Real Estate
Manufacturing
Technology
Retail
Infrastructure
Energy
Healthcare
Transportation & Logistics
Agriculture
Industrial Services
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretariat
Credit
Operations
Security Administration
Documentation
Legal Counsel
Finance Director
Chief Financial Officer
Risk Manager
Corporate Lawyer
Banking Lawyer
Security Trustee
Loan Officer
Credit Manager
Compliance Officer
Corporate Secretary
Treasury Manager
Transaction Manager
General Counsel
Senior Legal Counsel
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