Security Sharing Agreement Template for Nigeria

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Key Requirements PROMPT example:

Security Sharing Agreement

"I need a Security Sharing Agreement for a syndicated loan facility involving three Nigerian banks sharing security over oil and gas assets, with the largest lender acting as Security Trustee and including provisions for additional lenders to join by March 2025."

Document background
The Security Sharing Agreement is essential in complex financing transactions under Nigerian law where multiple creditors hold security interests over the same assets. This document is typically used in syndicated loans, project financing, and corporate debt restructuring scenarios where coordinated security arrangements are necessary. The agreement establishes a security trustee structure, defines creditor rankings, and provides mechanisms for collective enforcement actions. It ensures compliance with Nigerian regulatory requirements, including those under the Companies and Allied Matters Act 2020 and relevant financial regulations. The document addresses key aspects such as voting rights, enforcement procedures, and proceeds distribution, while facilitating efficient management of shared security interests.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including security holders, facility agents, and security trustees

2. Background: Context of the security sharing arrangement, including reference to underlying facilities and security documents

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation

4. Security Trust: Establishment of security trust arrangements and appointment of security trustee

5. Ranking and Priority: Order of priority between different security interests and creditors

6. Sharing of Security: Terms and conditions for sharing security interests, including allocation of proceeds

7. Security Enforcement: Procedures and conditions for enforcing security interests, including voting mechanisms

8. Application of Proceeds: Rules for distribution of enforcement proceeds and other recoveries

9. Decision Making: Procedures for making decisions affecting shared security, including voting thresholds

10. Representations and Warranties: Standard representations and warranties from each party

11. Costs and Expenses: Allocation of costs related to security administration and enforcement

12. Changes to Parties: Procedures for transfers, assignments, and accession of new parties

13. Notices: Communication requirements and contact details

14. Governing Law and Jurisdiction: Nigerian law as governing law and jurisdiction provisions

Optional Sections

1. Security Agent Provisions: Detailed provisions regarding the appointment, roles, and responsibilities of a security agent, used when a security agent structure is preferred over a trustee structure

2. Intercreditor Provisions: Additional provisions governing relationships between different classes of creditors, used when there are multiple creditor groups

3. Standstill Provisions: Provisions preventing individual enforcement actions during a specified period, used in complex multi-creditor arrangements

4. New Money Provisions: Provisions governing the introduction of new debt and security, used when future financing is contemplated

5. Debt Purchase Transactions: Provisions governing debt buy-backs or trading, used when active debt trading is expected

6. Common Currency Calculations: Provisions for currency conversion and calculations, used when multiple currencies are involved

Suggested Schedules

1. Form of Accession Deed: Standard form for new parties joining the agreement

2. Security Documents: List and details of all security documents covered by the agreement

3. Contact Details: Detailed contact information for all parties

4. Initial Security Assets: Schedule of assets subject to security interests at signing

5. Form of Default Notice: Standard form for notifying defaults under the agreement

6. Voting Procedures: Detailed procedures for decision-making and voting

7. Distribution Waterfall: Detailed order of priority for distribution of proceeds

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Banking & Financial Services

Oil & Gas

Infrastructure

Real Estate & Construction

Manufacturing

Telecommunications

Power & Energy

Mining

Agriculture

Transportation & Logistics

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Finance

Credit

Securities Administration

Loan Administration

Transaction Management

Relevant Roles

Chief Financial Officer

Legal Counsel

Finance Director

Treasury Manager

Risk Manager

Compliance Officer

Security Trustee Officer

Facility Agent

Credit Manager

Corporate Finance Manager

Investment Officer

Transaction Manager

Legal Director

Head of Structured Finance

Senior Loan Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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