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Collateral Sharing Agreement for Australia

Collateral Sharing Agreement Template for Australia

A sophisticated financial agreement governed by Australian law that establishes the terms and conditions under which multiple secured creditors share and rank their security interests over common collateral. The document details priority arrangements, enforcement mechanisms, and distribution of proceeds among creditors, incorporating requirements under the Personal Property Securities Act 2009 (Cth) and other relevant Australian legislation. It typically includes provisions for decision-making processes, security trustee appointments, and mechanisms for managing competing interests among different classes of creditors.

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Collateral Sharing Agreement

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What is a Collateral Sharing Agreement?

The Collateral Sharing Agreement is essential in complex financing arrangements where multiple creditors hold security interests over the same assets. This document is particularly relevant in the Australian legal context, where it must comply with the Personal Property Securities Act 2009 (Cth) and related legislation. It's commonly used in syndicated loans, project financings, and corporate restructurings where multiple lenders or classes of creditors need to establish clear rights, priorities, and enforcement procedures regarding shared collateral. The agreement typically addresses key aspects such as ranking of security interests, enforcement rights, standstill periods, voting mechanisms, and the appointment and powers of a security trustee. It becomes especially critical in enforcement scenarios or when new creditors need to be accommodated in existing security arrangements.

What sections should be included in a Collateral Sharing Agreement?

1. Parties: Identifies all secured creditors participating in the agreement and any security trustee/agent

2. Background: Describes the existing security interests, underlying facilities, and purpose of the sharing arrangement

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Security Sharing Arrangements: Core provisions establishing how security interests will be shared and ranked

5. Priority and Subordination: Details the priority ranking between creditors and any subordination arrangements

6. Application of Proceeds: Specifies how proceeds from enforcement or realization will be distributed

7. Enforcement: Sets out rights and procedures for enforcing security interests

8. Decision Making: Procedures for collective decision-making among secured creditors

9. Security Trust Provisions: Establishes the role and powers of the security trustee/agent

10. Representations and Warranties: Standard representations by each party regarding authority and capacity

11. Accession and Transfer: Procedures for new creditors joining and existing creditors transferring rights

12. Costs and Expenses: Allocation of costs and expenses among parties

13. Notices: Communication requirements and procedures

14. General Provisions: Standard boilerplate provisions including governing law, amendments, etc.

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

1. Standstill Provisions: Used when parties agree to restrict enforcement actions for specified periods

2. Intercreditor Provisions: Detailed when complex relationships exist between different classes of creditors

3. Voting Mechanisms: Required for larger syndicates with formal voting procedures

4. Buy-out Rights: Included when certain creditors have rights to buy out others' interests

5. Release Mechanics: Detailed provisions for releasing security in specific circumstances

6. New Money Provisions: Required when agreement contemplates future additional debt facilities

What schedules should be included in a Collateral Sharing Agreement?

1. Schedule 1 - Secured Property: Detailed description of all collateral subject to the sharing arrangement

2. Schedule 2 - Initial Security Interests: List and details of existing security interests at time of agreement

3. Schedule 3 - Form of Accession Deed: Standard form for new creditors joining the agreement

4. Schedule 4 - Notice Details: Contact information for all parties

5. Schedule 5 - Existing Facilities: Details of all debt facilities covered by the agreement

6. Appendix A - Security Trust Deed: Full terms of security trust arrangement if applicable

7. Appendix B - Priority Matrix: Detailed matrix showing priority rankings for different types of collateral and debt

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 & Financial Services

Investment Banking

Corporate Finance

Project Finance

Infrastructure

Real Estate

Mining & Resources

Manufacturing

Private Equity

Asset Management

Relevant Teams

Legal

Finance

Risk Management

Treasury

Compliance

Credit

Loan Operations

Transaction Management

Security Administration

Corporate Finance

Relevant Roles

Chief Legal Officer

Legal Counsel

Finance Director

Chief Financial Officer

Risk Manager

Security Trustee

Facility Agent

Corporate Lawyer

Banking & Finance Lawyer

Transaction Manager

Credit Risk Officer

Debt Finance Manager

Treasury Manager

Loan Operations Manager

Compliance 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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