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Cross Collateral Agreement
"I need a Cross Collateral Agreement under Belgian law for a manufacturing group with three subsidiaries, where their combined equipment, inventory, and accounts receivable will secure multiple credit facilities from a syndicate of banks, with expected completion by March 2025."
1. Parties: Identification of all parties to the agreement, including the security provider(s) and the secured party(ies)
2. Background: Context of the agreement, including reference to the underlying obligations being secured
3. Definitions and Interpretation: Definitions of key terms and interpretation rules, including specific Belgian law concepts
4. Creation of Security Interest: Express provisions creating the security interests over the various types of collateral
5. Secured Obligations: Definition and scope of the obligations being secured by the cross-collateral arrangement
6. Cross-Collateralization Provisions: Specific provisions establishing how different collateral secure different obligations
7. Representations and Warranties: Standard and specific representations regarding ownership, authority, and status of collateral
8. Perfection Requirements: Requirements for perfecting security interests under Belgian law, including registration obligations
9. Maintenance of Collateral: Obligations regarding maintenance, insurance, and preservation of collateral value
10. Enforcement: Rights and procedures for enforcement in accordance with Belgian law
11. Application of Proceeds: Rules for applying proceeds from enforcement across different secured obligations
12. Costs and Expenses: Allocation of costs related to creation, perfection, and enforcement of security
13. Governing Law and Jurisdiction: Confirmation of Belgian law governance and jurisdiction provisions
1. Third Party Rights: Required when third parties have existing rights over the collateral or when third-party consent is needed
2. Special Perfection Requirements: Needed when specific types of collateral require additional perfection steps under Belgian law
3. Currency Provisions: Required when secured obligations or collateral involve multiple currencies
4. Tax Provisions: Include when specific tax implications need to be addressed, particularly for cross-border arrangements
5. Regulatory Compliance: Required when specific regulatory requirements apply to certain types of collateral
6. Priority Arrangements: Needed when there are multiple secured creditors or existing security interests
7. Release Provisions: Detailed provisions for partial release of collateral, if permitted
1. Schedule 1 - Secured Obligations: Detailed list of all obligations being secured under the cross-collateral arrangement
2. Schedule 2 - Collateral Assets: Comprehensive description of all assets serving as collateral
3. Schedule 3 - Security Interest Matrix: Matrix showing which collateral secures which obligations
4. Schedule 4 - Perfection Requirements: Detailed checklist of perfection requirements for each type of collateral
5. Schedule 5 - Form of Notices: Standard forms of notices required for perfection or enforcement
6. Appendix A - Registration Forms: Forms required for registering security interests under Belgian law
7. Appendix B - Existing Security Interests: List of any existing security interests affecting the collateral
8. Appendix C - Consent Forms: Standard forms for obtaining required third-party consents
Authors
Banking & Financial Services
Real Estate
Manufacturing
Infrastructure
Energy
Telecommunications
Commercial Property
Industrial
Agriculture
Shipping & Maritime
Legal
Finance
Risk Management
Compliance
Treasury
Credit
Corporate Finance
Restructuring
Securities Administration
Commercial Banking
Legal Counsel
Finance Director
Chief Financial Officer
Risk Manager
Security Trustee
Compliance Officer
Credit Manager
Corporate Lawyer
Banking Lawyer
Security Agent
Portfolio Manager
Restructuring Officer
Treasury Manager
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