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Cross Collateral Agreement Template for Belgium

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Key Requirements PROMPT example:

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."

Document background
The Cross Collateral Agreement is essential in complex financing arrangements where multiple assets are used to secure different obligations under Belgian law. It is typically used in scenarios where a borrower or group of related entities wish to maximize their borrowing capacity by using their combined assets as security for multiple facilities. The document must carefully navigate Belgian security interest legislation, including the Financial Collateral Law of 2004 and the Pledge Act of 2013, while ensuring compliance with EU regulations. The agreement contains detailed provisions on the creation and perfection of security interests, cross-default mechanisms, enforcement procedures, and the relationship between different secured obligations. It is particularly important in restructuring situations or when dealing with corporate groups seeking to optimize their security arrangements.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

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

Relevant legal definitions


























































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Relevant Industries

Banking & Financial Services

Real Estate

Manufacturing

Infrastructure

Energy

Telecommunications

Commercial Property

Industrial

Agriculture

Shipping & Maritime

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Credit

Corporate Finance

Restructuring

Securities Administration

Commercial Banking

Relevant Roles

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

Industries








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