Security Interest Contract for Malta
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Security Interest Contract
"I need a Security Interest Contract under Maltese law for a bank taking security over a company's investment portfolio and bank accounts, with the facility agreement dated January 15, 2025, and the security to be held by a security trustee for a syndicate of lenders."
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1. Parties: Identification of the security provider (grantor) and the security trustee/creditor (grantee), including full legal names and registration details
2. Background: Context of the security interest, reference to main obligations being secured, and purpose of the agreement
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. Creation of Security Interest: Express provisions creating and establishing the security interest over the collateral
5. Secured Obligations: Detailed description of the obligations being secured by the security interest
6. Representations and Warranties: Statements by the security provider regarding ownership, authority, and status of the collateral
7. Covenants: Ongoing obligations of the security provider regarding maintenance and preservation of the collateral
8. Events of Default: Circumstances that trigger enforcement rights
9. Enforcement: Rights and procedures for enforcing the security interest upon default
10. Power of Attorney: Appointment of the security trustee/creditor as attorney for perfection and enforcement purposes
11. Notices: Process and requirements for giving notices under the agreement
12. Governing Law and Jurisdiction: Confirmation of Maltese law as governing law and jurisdiction of Maltese courts
1. Financial Collateral Arrangements: Required when the security interest involves financial instruments or cash accounts, incorporating requirements under Financial Collateral Arrangements Regulations
2. Registration and Perfection: Specific provisions for registration requirements when the collateral requires public registration (e.g., immovable property)
3. Insurance: Required when the collateral needs to be insured, specifying insurance requirements and arrangements
4. Further Assurance: Additional provisions for execution of documents or taking actions to perfect the security interest
5. Assignment and Transfer: Include when the parties want to specifically address ability to transfer rights under the agreement
6. Multiple Security Providers: Required when there are multiple parties granting security interests
7. Priority Arrangements: Include when there are multiple security interests and priority needs to be established
1. Schedule 1 - Description of Collateral: Detailed description and/or list of assets subject to the security interest
2. Schedule 2 - Secured Obligations: Detailed description of the secured obligations, including reference to principal agreements
3. Schedule 3 - Forms of Notice: Standard forms of notices required for perfection or enforcement
4. Schedule 4 - Permitted Security Interests: List of pre-existing or permitted security interests over the collateral
5. Schedule 5 - Registration Requirements: Specific registration requirements and forms for different types of collateral
6. Appendix A - Power of Attorney Form: Form of power of attorney for execution
7. Appendix B - Company Resolutions: Form of corporate authorizations required for the security interest
Authors
Banking and Financial Services
Corporate Lending
Real Estate
Manufacturing
Shipping and Maritime
Investment Services
Commercial Trading
Construction
Energy
Technology
Healthcare
Legal
Finance
Compliance
Risk Management
Treasury
Corporate Secretariat
Credit Administration
Transaction Management
Security Administration
Corporate Banking
Legal Counsel
Corporate Lawyer
Finance Director
Credit Manager
Compliance Officer
Security Trustee
Transaction Manager
Risk Manager
Corporate Secretary
Banking Lawyer
Security Agent
Financial Controller
Treasury Manager
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