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Collateral Agency Agreement for Australia

Collateral Agency Agreement Template for Australia

An Australian law-governed agreement that establishes the appointment, rights, duties, and obligations of a collateral agent in secured financing transactions. The document details the agent's role in holding and managing security interests on behalf of secured parties, including procedures for enforcement, collection, and distribution of proceeds. It incorporates specific provisions compliant with Australian securities law, particularly the Personal Property Securities Act 2009 (Cth), and addresses the unique aspects of Australian security trust structures.

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Collateral Agency Agreement

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What is a Collateral Agency Agreement?

The Collateral Agency Agreement is a crucial document in secured financing transactions where multiple lenders or secured parties are involved. It is commonly used in Australia for syndicated loans, project finance, and other structured finance transactions where security interests need to be managed efficiently by a single entity. The agreement establishes the framework for the collateral agent to act on behalf of secured parties in holding, managing, and enforcing security interests, ensuring compliance with Australian law, particularly the Personal Property Securities Act 2009 (Cth) and state-based property laws. This document is essential when there's a need for coordinated security management and enforcement, typically in complex financing arrangements where multiple parties have security interests over the same assets.

What sections should be included in a Collateral Agency Agreement?

1. Parties: Identifies all parties to the agreement including the collateral agent, security trustee (if separate), secured parties, and obligors

2. Background: Explains the context of the agreement, reference to primary facility agreement, and purpose of the collateral agency arrangement

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles, including references to terms in related documents

4. Appointment and Authority: Formal appointment of collateral agent and scope of authority

5. Duties and Responsibilities: Details the collateral agent's duties, including holding and managing collateral, enforcement actions, and reporting obligations

6. Rights and Protections: Specifies the rights, protections, and immunities of the collateral agent

7. Instructions and Communications: Procedures for secured parties to give instructions and requirements for valid communications

8. Fees and Expenses: Details of the collateral agent's compensation and reimbursement rights

9. Resignation and Replacement: Process for resignation, removal, and replacement of the collateral agent

10. Representations and Warranties: Standard representations and warranties from all parties

11. Liability and Indemnification: Limitations on liability and indemnification provisions for the collateral agent

12. Amendments and Waivers: Procedures for amending the agreement and effect of waivers

13. Governing Law and Jurisdiction: Specifies governing law and jurisdiction for disputes

14. Miscellaneous: Standard boilerplate provisions including notices, severability, counterparts

What sections are optional to include in a Collateral Agency Agreement?

1. Security Trust Provisions: Required when the collateral agent also acts as security trustee or when there's a separate security trust deed

2. Parallel Debt: Used in cross-border transactions where security interests need to be held through a parallel debt structure

3. Bank Accounts: Required when the collateral agent maintains specific accounts for collecting and distributing proceeds

4. Voting and Decision Making: Detailed procedures for secured party voting when not covered in intercreditor documentation

5. Foreign Law Security: Special provisions for dealing with security interests in multiple jurisdictions

6. Digital Asset Provisions: Required when collateral includes digital assets or cryptocurrency

7. Insurance Requirements: Detailed provisions regarding insurance over secured assets when relevant

What schedules should be included in a Collateral Agency Agreement?

1. Form of Accession Deed: Template for new parties to accede to the agreement

2. Security Assets Schedule: List and description of all assets subject to security

3. Fee Schedule: Detailed breakdown of collateral agent's fees and charges

4. Communication Procedures: Detailed procedures for communications, including authorized persons and contact details

5. Enforcement Procedures: Step-by-step procedures for enforcement actions

6. Form of Agent Transfer Certificate: Template for transferring collateral agent role to a successor

7. Secured Party Register: Format and requirements for maintaining register of secured parties

8. Reporting Requirements: Templates and timing for regular reporting by collateral agent

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

tiktok˰

Document Type

Security Agreement

Sector

Cost

Free to use
Relevant legal definitions






















































Clauses






































Relevant Industries

Banking and Financial Services

Infrastructure

Real Estate

Mining and Resources

Energy

Manufacturing

Agriculture

Technology

Transportation

Healthcare

Telecommunications

Construction

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit

Corporate Finance

Project Finance

Loan Operations

Transaction Management

Security Operations

Relevant Roles

General Counsel

Legal Counsel

Finance Director

Chief Financial Officer

Treasury Manager

Risk Manager

Compliance Officer

Security Trustee Officer

Relationship Manager

Credit Manager

Transaction Manager

Corporate Finance Manager

Project Finance Manager

Loan Operations Manager

Legal Operations Manager

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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