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Collateral Sharing Agreement
"I need a Collateral Sharing Agreement for a syndicated loan facility in Malaysia involving three conventional banks and two mezzanine lenders, where the security package includes both real estate and movable assets, with Bank Negara Malaysia as the appointed security trustee."
1. Parties: Identifies all participating creditors and the security agent/trustee if applicable
2. Background: Explains the context of the shared security arrangement and existing facilities
3. Definitions and Interpretation: Defines key terms and interpretation rules for the agreement
4. Appointment of Security Agent: Terms of appointment and authority of the security agent/trustee
5. Sharing and Ranking of Security: Establishes the basis for sharing collateral and priority ranking among creditors
6. Security Trust: Creation and terms of the security trust arrangement
7. Administration of Security: Procedures for managing and maintaining the shared security
8. Enforcement of Security: Rights and procedures for enforcing security interests
9. Distribution of Proceeds: Rules for allocating enforcement proceeds among creditors
10. Decision Making: Voting mechanisms and majority requirements for collective decisions
11. Accession and Transfer: Procedures for new creditors joining and existing creditors transferring rights
12. Costs and Expenses: Allocation of costs related to security administration and enforcement
13. Representations and Warranties: Standard representations by participating creditors
14. Termination: Conditions and process for terminating the agreement
15. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and jurisdiction for disputes
1. Islamic Financing Provisions: Required when Islamic financial institutions are parties to the agreement
2. Intercreditor Provisions: Detailed creditor relationship terms when multiple facility types exist
3. Security Agent Replacement: Detailed procedures for replacing the security agent, if not covered in main sections
4. Standstill Provisions: Temporary suspension of enforcement rights in specific circumstances
5. Currency Provisions: Required when secured facilities are in multiple currencies
6. Tax Provisions: Detailed tax arrangements when cross-border elements exist
7. Amendments and Waivers: Detailed procedures for modifying agreement terms if not covered in main sections
1. Schedule 1 - Initial Creditors: List of original participating creditors and their committed facilities
2. Schedule 2 - Security Assets: Detailed description of all shared collateral/security assets
3. Schedule 3 - Security Documents: List and copies of all relevant security documents
4. Schedule 4 - Forms: Standard forms including accession deed, transfer certificate
5. Schedule 5 - Contact Details: Contact information for all parties and authorized representatives
6. Schedule 6 - Facility Details: Summary of all facilities sharing the security
7. Appendix A - Decision Making Procedures: Detailed voting and decision-making procedures
8. Appendix B - Enforcement Procedures: Detailed procedures for security enforcement
Authors
Acceleration Event
Authorised Representative
Business Day
Collateral
Creditor Liabilities
Decision Period
Default
Enforcement Action
Enforcement Date
Enforcement Notice
Enforcement Proceeds
Event of Default
Facility Agreement
Finance Document
Financial Indebtedness
Governing Law
Insolvency Event
Intercreditor Agreement
Majority Creditors
Material Adverse Effect
Permitted Security
Principal Documents
Priority of Payments
Qualifying Senior Creditor
Receiver
Recovered Amounts
Secured Assets
Secured Obligations
Secured Parties
Security
Security Agency Agreement
Security Agent
Security Documents
Security Interest
Security Period
Security Trust
Senior Creditor
Subordinated Creditor
Subsidiary
Sukuk Holders
Transaction Security
Trust Assets
Trust Property
Voting Entitlement
Appointment of Security Agent
Security Trust
Sharing of Security
Priority Rights
Payment Provisions
Enforcement
Distribution of Proceeds
Voting Rights
Decision Making
Representations and Warranties
Accession Mechanisms
Transfer Provisions
Administrative Provisions
Costs and Expenses
Amendments and Waivers
Confidentiality
Notices
Assignments
Severability
Counterparts
Governing Law
Dispute Resolution
Intercreditor Provisions
Security Enforcement
Indemnification
Agency Provisions
Default Provisions
Termination Rights
Islamic Finance Provisions
Banking and Financial Services
Islamic Banking
Project Finance
Infrastructure Development
Real Estate
Manufacturing
Energy and Resources
Construction
Telecommunications
Transportation
Commercial Property
Industrial Development
Legal
Finance
Treasury
Risk Management
Compliance
Islamic Banking
Project Finance
Syndications
Corporate Finance
Security Administration
Transaction Management
Credit Risk
Chief Legal Officer
Legal Director
Senior Legal Counsel
Finance Director
Chief Financial Officer
Treasury Manager
Security Trustee
Facility Agent
Compliance Officer
Risk Manager
Islamic Banking Officer
Project Finance Manager
Syndications Manager
Corporate Finance Manager
Legal Manager
Transaction Manager
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