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Property Collateral Agreement
"I need a Property Collateral Agreement under Dutch law for a commercial warehouse in Rotterdam being used as security for a €5 million business loan, with specific provisions for ongoing logistics operations and subletting rights."
1. Parties: Identification of the security provider (collateral giver) and the secured party (collateral taker), including full legal names, addresses, and registration details
2. Background: Context of the agreement, reference to any 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 of Security Interest: Express creation of the security interest over the property, including the type of security right being granted
5. Secured Obligations: Definition and scope of the obligations being secured by the property collateral
6. Property Description: Detailed description of the property serving as collateral, including cadastral details and registration information
7. Representations and Warranties: Statements by the security provider about ownership, condition, and status of the property
8. Covenants: Ongoing obligations of the security provider regarding maintenance, insurance, and use of the property
9. Enforcement: Rights and procedures for enforcement in case of default
10. Power of Attorney: Authority granted to the secured party to act on behalf of the security provider in specified circumstances
11. Notices: Process and requirements for formal communications between parties
12. Governing Law and Jurisdiction: Confirmation of Dutch law as governing law and jurisdiction for disputes
13. Counterparts and Execution: Provisions for signing and completing the agreement
1. Third Party Rights: Required when there are existing tenants or other third-party rights affecting the property
2. Environmental Provisions: Needed for properties with potential environmental risks or compliance requirements
3. Construction Provisions: Relevant when the property is under construction or development
4. Multiple Properties: Required when the collateral consists of multiple properties with specific provisions for each
5. Cross-Collateralization: Needed when the property secures multiple obligations or is part of a broader security package
6. Subordination: Required when there are multiple security interests that need to be ranked
7. Release Provisions: Detailed provisions for partial release of security, needed for development properties or multiple unit properties
1. Property Description Schedule: Detailed technical and legal description of the property, including maps and cadastral information
2. Title Documents: List and copies of relevant title documents and cadastral registration
3. Existing Encumbrances: Details of any existing mortgages, easements, or other encumbrances affecting the property
4. Insurance Requirements: Specific insurance requirements and minimum coverage levels
5. Form of Notices: Standard forms for various notices required under the agreement
6. Permitted Activities: List of activities permitted on the property without secured party consent
7. Registration Requirements: Forms and information required for registering the security interest
8. Valuation Report: Recent property valuation report or appraisal
Authors
Property
Secured Obligations
Security Interest
Security Period
Business Day
Default Event
Enforcement Event
Kadaster
Deed of Mortgage
Mortgage
Mortgagor
Mortgagee
Permitted Encumbrances
Secured Party
Security Provider
Underlying Agreement
Valuation
Secured Liabilities
Insurance Policies
Material Adverse Effect
Permitted Disposal
Property Documents
Registration Requirements
Security Assets
Title Documents
Transfer Deed
Notarial Deed
Pledge
Encumbrance
Enforcement Notice
Event of Default
Facility Agreement
Financial Indebtedness
Loan Agreement
Permitted Security Interest
Related Rights
Security Period
Transaction Documents
Existing Security
Cadastral Registration
Land Registry Extract
Mortgage Registry
Perpetual Clauses
Public Registers
Property Description
Secured Obligations
Representations and Warranties
Maintenance and Repair
Insurance
Property Use
Registration
Default and Enforcement
Covenants
Power of Attorney
Environmental Compliance
Tax Obligations
Assignment and Transfer
Notices
Governing Law
Jurisdiction
Indemnification
Severability
Entire Agreement
Amendments
Force Majeure
Third Party Rights
Costs and Expenses
Confidentiality
Property Access
Valuation
Further Assurance
Subordination
Release of Security
Counterparts
Survival
Waiver
Remedies
Title and Authority
Compliance with Laws
Property Management
Mortgagee Rights
Registration Requirements
Priority
Banking and Financial Services
Real Estate
Commercial Property
Real Estate Development
Construction
Industrial Manufacturing
Retail
Hospitality
Logistics and Warehousing
Healthcare
Legal
Real Estate
Finance
Risk Management
Commercial Lending
Compliance
Treasury
Property Management
Credit Administration
Transaction Management
Legal Counsel
Real Estate Lawyer
Finance Manager
Property Manager
Credit Risk Officer
Commercial Lending Officer
Real Estate Development Manager
Compliance Officer
Corporate Treasurer
Notary
Security Registration Specialist
Real Estate Transaction Manager
Loan Officer
Portfolio Manager
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