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1. Parties: Identification of all parties to the collateral contract, including the primary obligor, security provider, and beneficiary
2. Background: Context of the collateral arrangement, reference to the main contract, and purpose of the collateral contract
3. Definitions: Definitions of key terms used throughout the agreement, including references to the main contract and any security arrangements
4. Secured Obligations: Clear description of the obligations being secured by the collateral contract
5. Collateral Arrangements: Detailed provisions regarding the nature, delivery, and maintenance of the collateral
6. Representations and Warranties: Standard and specific representations regarding authority, ownership of collateral, and absence of encumbrances
7. Rights and Obligations: Ongoing obligations of each party regarding the collateral and secured obligations
8. Events of Default: Circumstances constituting default and consequences thereof
9. Enforcement Rights: Powers and rights of the beneficiary in enforcing the security interest
10. Termination: Circumstances and process for termination of the collateral contract
11. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes
1. Regulatory Compliance: Required when the collateral arrangement involves regulated activities or entities subject to specific regulatory requirements
2. Tax Provisions: Include when there are specific tax implications or requirements related to the collateral arrangement
3. Insurance Requirements: Necessary when the collateral must be insured or when insurance policies form part of the security
4. Custody Arrangements: Required when a third-party custodian is involved in holding or managing the collateral
5. Valuation Mechanisms: Include when the collateral requires regular valuation or specific valuation mechanisms
6. Cross-Default Provisions: Required when the collateral contract needs to be linked to other financing or security arrangements
7. Registration Requirements: Include when the security interest needs to be registered with relevant authorities
1. Description of Collateral: Detailed description and/or list of all assets or rights comprising the collateral
2. Form of Notices: Standard forms for various notices required under the agreement
3. Calculation Mechanisms: Detailed procedures for calculating values, margins, or top-up requirements
4. Related Agreements: List and/or copies of related agreements referenced in the collateral contract
5. Powers of Attorney: Form of any required powers of attorney for enforcement or administration
6. Authorized Signatories: List of authorized signatories and specimen signatures if required
7. Registration Particulars: Details required for any registrations or filings
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