The Collateral Contract serves as a crucial legal instrument in Swiss financial and commercial transactions, providing a framework for securing obligations through various types of assets. This document is typically used when parties need to establish a security interest in connection with loans, trading arrangements, or other financial obligations. The agreement must comply with Swiss law, particularly the Swiss Code of Obligations and relevant federal acts governing security interests. It outlines the specific assets being provided as collateral, the secured obligations, maintenance requirements, and enforcement procedures. The Collateral Contract is especially important in financial transactions where lenders or counterparties require security for their exposure, and it needs to be carefully structured to ensure enforceability under Swiss law.
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1. Parties: Identification of the collateral provider and collateral taker, including full legal names and addresses
2. Background: Context of the agreement, reference to any related principal agreements, and general purpose of the collateral arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including technical and legal terms
4. Secured Obligations: Detailed description of the obligations being secured by the collateral
5. Collateral: Description and specification of the assets being provided as collateral
6. Grant of Security Interest: Legal language establishing the security interest in favor of the collateral taker
7. Perfection Requirements: Steps required to perfect the security interest under Swiss law
8. Representations and Warranties: Standard representations regarding ownership, authority, and absence of encumbrances
9. Maintenance of Collateral: Obligations regarding the maintenance and preservation of the collateral
10. Events of Default: Circumstances constituting default and triggering enforcement rights
11. Enforcement: Rights and procedures for enforcing the security interest upon default
12. Notices: Requirements for giving notices under the agreement
13. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction
1. Margin Requirements: Used when the agreement requires maintaining specific collateral values or ratios
2. Income and Voting Rights: Required for financial instruments to specify rights regarding dividends, interest, and voting
3. Insurance Requirements: Necessary when specific insurance must be maintained for physical collateral
4. Bank Account Control: Used when the collateral includes bank accounts requiring control arrangements
5. Third Party Rights: Required when third parties may have interests in or rights to the collateral
6. Tax Provisions: Included when there are specific tax implications requiring addressing
7. Currency Provisions: Necessary when dealing with cross-border arrangements or multiple currencies
1. Schedule 1 - Collateral Description: Detailed technical description of all assets comprising the collateral
2. Schedule 2 - Secured Obligations: Detailed list and description of all secured obligations
3. Schedule 3 - Perfection Requirements: Specific steps and documentation required for perfection
4. Schedule 4 - Form of Notice: Standard forms for various notices required under the agreement
5. Appendix A - Valuation Methodology: Methods for valuing different types of collateral
6. Appendix B - Operating Procedures: Detailed procedures for handling and maintaining the collateral
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Real Estate
Insurance
Asset Management
Manufacturing
Trading
Commercial Lending
Private Equity
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Operations
Transaction Management
Portfolio Management
Collateral Management
Relevant Roles
Legal Counsel
Corporate Lawyer
Finance Director
Treasury Manager
Risk Manager
Compliance Officer
Credit Manager
Transaction Manager
Security Trustee
Collateral Manager
Portfolio Manager
Chief Financial Officer
Head of Legal
Senior Credit Officer
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