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Collateral Access Agreement
"I need a Collateral Access Agreement under Belgian law for a syndicated loan facility closing on March 15, 2025, where multiple lenders need access to securities held by a third-party custodian, with specific provisions for electronic access systems and real-time reporting requirements."
1. Parties: Identification of all parties to the agreement including the collateral provider, collateral taker, and any custodian or agent
2. Background: Context of the agreement and relationship between the parties
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Scope of Agreement: Overview of the collateral access arrangements and purpose
5. Access Rights and Procedures: Detailed provisions regarding when and how access to collateral is permitted
6. Security and Authentication: Security procedures for verifying access rights and authenticating instructions
7. Representations and Warranties: Standard and specific representations regarding authority, capacity, and collateral ownership
8. Obligations of the Parties: Key responsibilities of each party regarding collateral maintenance and access
9. Confidentiality: Provisions regarding the confidential treatment of information
10. Liability and Indemnification: Allocation of risks and responsibilities between parties
11. Events of Default: Circumstances constituting default and consequences
12. Termination: Provisions for ending the agreement and consequences of termination
13. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction provisions
14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Custodian Provisions: Required when a third-party custodian is involved in holding or managing the collateral
2. Cross-border Provisions: Required when collateral or parties are located in multiple jurisdictions
3. Electronic Access Systems: Required when electronic systems are used for collateral access
4. Additional Services: Required when additional services beyond basic collateral access are provided
5. Regulatory Compliance: Required when specific regulatory requirements apply to certain types of collateral or parties
6. Data Protection: Required when personal data processing is involved in the collateral management
7. Tax Provisions: Required when there are specific tax implications for the collateral arrangement
1. Schedule 1 - Collateral Description: Detailed description of the collateral covered by the agreement
2. Schedule 2 - Access Procedures: Detailed operational procedures for accessing collateral
3. Schedule 3 - Authorized Persons: List of persons authorized to give instructions regarding collateral access
4. Schedule 4 - Notice Forms: Standard forms for various notices under the agreement
5. Schedule 5 - Fee Schedule: Details of any fees payable for collateral access or related services
6. Schedule 6 - Security Procedures: Detailed security and authentication procedures
7. Appendix A - Contact Details: Contact information for all relevant parties and departments
Authors
Banking
Financial Services
Investment Management
Insurance
Asset Management
Corporate Lending
Private Equity
Securities Services
Real Estate Finance
Infrastructure Finance
Legal
Treasury
Risk Management
Operations
Compliance
Credit
Finance
Portfolio Management
Transaction Management
Client Services
Securities Services
Legal Counsel
Treasury Manager
Collateral Manager
Risk Manager
Operations Director
Compliance Officer
Security Trustee
Relationship Manager
Credit Manager
Financial Controller
Transaction Manager
Portfolio Manager
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