The Loan Assignment Agreement is commonly used in Swiss financial transactions when a lender wishes to transfer its rights and obligations under an existing loan to a new lender. This might occur in various contexts, such as debt trading, portfolio management, or restructuring scenarios. The document must comply with Swiss law requirements, particularly the Swiss Code of Obligations' provisions on assignments (Articles 164-174). It typically includes details of the original loan, the rights being assigned, purchase price, warranties, and any conditions precedent. The agreement is crucial for ensuring a legally valid transfer of loan rights while maintaining the borrower's interests and meeting regulatory requirements. It's particularly important in the Swiss financial sector, where precision and compliance with local regulations are paramount.
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1. Parties: Identification of the Assignor, Assignee, and Original Borrower (and any other relevant parties)
2. Background: Context of the original loan agreement and the reason for the assignment
3. Definitions: Definitions of key terms used throughout the agreement, including 'Assigned Rights', 'Loan Agreement', 'Effective Date', etc.
4. Assignment: Core provision detailing the assignment of rights from Assignor to Assignee, including the scope of assigned rights
5. Purchase Price: Details of the consideration paid for the assignment, payment mechanics and timing
6. Effectiveness and Perfection: Provisions regarding when and how the assignment becomes effective, including any notice requirements
7. Representations and Warranties: Assignor's warranties regarding their right to assign, existence and validity of the assigned rights, etc.
8. Undertakings: Ongoing obligations of the parties, including cooperation in perfecting the assignment
9. Costs and Expenses: Allocation of costs related to the assignment and its perfection
10. Notices: Communication procedures between parties
11. Governing Law and Jurisdiction: Confirmation of Swiss law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution formalities
1. Security Assignment: Required if any security interests are being transferred along with the loan
2. Regulatory Compliance: Required if either party is a regulated entity or if the assignment requires regulatory approvals
3. Tax Provisions: Include if there are specific tax implications that need to be addressed
4. Conditions Precedent: Include if the assignment is subject to certain conditions being met
5. Further Assurance: Optional provisions for additional steps parties may need to take post-assignment
6. Confidentiality: Include if specific confidentiality obligations need to be addressed beyond standard business practice
7. Data Protection: Required if personal data is involved in the assigned loan
8. Partial Invalidity: Optional severability provisions in case parts of the agreement are found invalid
1. Original Loan Agreement: Copy or details of the loan agreement being assigned
2. Assigned Rights: Detailed description of all rights, claims and interests being assigned
3. Form of Notice: Template notice to be sent to the Borrower regarding the assignment
4. Payment Details: Bank account and payment information for the purchase price
5. Security Documents: If applicable, list and copies of any security documents being transferred
6. Required Consents: Copies of any third-party or regulatory consents required for the assignment
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Private Equity
Corporate Lending
Real Estate Finance
Infrastructure Finance
Asset Management
Insurance
Commercial Real Estate
Relevant Teams
Legal
Finance
Credit
Compliance
Risk Management
Treasury
Loan Administration
Corporate Finance
Investment
Portfolio Management
Transaction Management
Documentation
Relevant Roles
Legal Counsel
Finance Director
Credit Manager
Investment Manager
Portfolio Manager
Compliance Officer
Risk Manager
Transaction Manager
Chief Financial Officer
Treasury Manager
Loan Administrator
Banking Director
Legal Director
Corporate Finance Manager
Debt Capital Markets Manager
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