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Security Trust Agreement
"I need a Security Trust Agreement for a renewable energy project in South Africa, where multiple international lenders require security over project assets, with the agreement taking effect from March 1, 2025."
1. Parties: Identification of the Security Trustee, Principal Debtor, Secured Creditors, and any other relevant parties
2. Background: Context of the security arrangement, purpose of the trust, and general commercial background
3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and interpretation rules
4. Establishment of Trust: Creation of the security trust, appointment of trustee, and trust property details
5. Security Trust Assets: Description and details of the assets held in trust as security
6. Powers and Duties of the Security Trustee: Detailed description of trustee's authority, responsibilities, and limitations
7. Rights and Obligations of Secured Creditors: Terms governing the secured creditors' rights, including enforcement and distribution rights
8. Security Structure: Details of how the security interests are held and managed by the trustee
9. Events of Default: Comprehensive list of default events triggering enforcement rights
10. Enforcement of Security: Procedures and rights for enforcing security following an event of default
11. Distribution of Proceeds: Rules for distributing proceeds from enforcement or realization of security
12. Trustee Remuneration and Expenses: Terms regarding trustee compensation and reimbursement of expenses
13. Termination: Circumstances and procedures for terminating the trust arrangement
14. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Parallel Debt: Required when dealing with jurisdictions that don't recognize trust concepts or when creating direct enforcement rights
2. Security Agent Provisions: Needed when the trustee also acts as security agent in foreign jurisdictions
3. Intercreditor Provisions: Required when there are multiple classes of creditors with different priority rights
4. Tax Provisions: Detailed tax arrangements when the security structure has specific tax implications
5. Currency Provisions: Required when the security involves multiple currencies
6. Registration Rights: Specific provisions for registration of security interests in relevant registries
7. Insurance Requirements: Detailed insurance obligations when secured assets require specific insurance coverage
1. Schedule 1 - Secured Creditors: List of all secured creditors and their respective exposure/commitment amounts
2. Schedule 2 - Security Assets: Detailed description of all assets subject to the security trust arrangement
3. Schedule 3 - Security Documents: List and copies of all security documents held by the trustee
4. Schedule 4 - Forms of Accession: Standard forms for new creditors to accede to the agreement
5. Schedule 5 - Distribution Waterfall: Detailed order of priority for distribution of enforcement proceeds
6. Schedule 6 - Fee Structure: Detailed breakdown of trustee fees and payment arrangements
7. Appendix A - Notice Requirements: Formal requirements and templates for various notices under the agreement
8. Appendix B - Resolution Procedures: Procedures for creditor voting and decision-making
Authors
Acceleration Event
Affiliate
Applicable Law
Authorized Representative
Business Day
Clause
Creditor Party
Default Interest
Default Notice
Discharge Date
Distribution Proceeds
Effective Date
Enforcement Action
Enforcement Event
Enforcement Notice
Enforcement Period
Event of Default
Finance Document
Finance Party
Financial Indebtedness
Governing Law
Indemnified Person
Insolvency Event
Insolvency Proceedings
Liabilities
Loss
Material Adverse Effect
Notice
Parallel Debt
Party
Permitted Security
Principal Debtor
Priority of Payments
Proceeds Account
Qualifying Secured Creditor
Receiver
Recoveries
Secured Assets
Secured Creditors
Secured Liabilities
Secured Obligations
Secured Party
Security
Security Agent
Security Documents
Security Interest
Security Period
Security Provider
Security Trust
Security Trust Assets
Security Trustee
Security Trust Property
Signing Date
Subsidiary
Tax
Transaction Documents
Trust Property
Trustee Acts
Trust Deed
Trust Period
Trust Rights
Waterfall Provisions
Appointment of Trustee
Declaration of Trust
Trust Property
Security Trust
Parallel Debt
Security Interests
Powers of Trustee
Duties of Trustee
Rights of Secured Creditors
Accession
Representations and Warranties
Undertakings
Events of Default
Enforcement
Application of Proceeds
Payments
Indemnities
Costs and Expenses
Delegation
Change of Trustee
Additional Trustees
Remuneration
Liability of Trustee
Amendments and Waivers
Assignment and Transfer
Information Sharing
Confidentiality
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Termination
Governing Law
Dispute Resolution
Counterparts
Banking and Financial Services
Real Estate
Mining and Resources
Infrastructure Development
Energy and Utilities
Manufacturing
Telecommunications
Commercial Property
Industrial Development
Project Finance
Private Equity
Asset Management
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretariat
Credit
Trust Administration
Security Administration
Transaction Management
Legal Counsel
Finance Director
Security Trustee
Corporate Lawyer
Banking Lawyer
Compliance Officer
Risk Manager
Trust Administrator
Security Agent
Transaction Manager
Chief Financial Officer
Treasury Manager
Company Secretary
Credit Manager
Portfolio Manager
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