The Third Party Collateral Agreement is a crucial document in secured financing transactions under Maltese law, used when a party other than the primary obligor provides collateral to secure financial obligations. This arrangement is common in corporate group structures, family businesses, or where strategic business partners provide cross-support. The agreement must comply with Malta's implementation of EU financial collateral regulations and local security interest laws. It typically includes detailed provisions on the nature and extent of the security interest, collateral maintenance requirements, enforcement mechanisms, and the rights and obligations of all parties. The document is particularly important in Malta's financial services sector and must address specific local law requirements regarding creation, perfection, and enforcement of security interests.
Third Party Collateral Agreement for Malta
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Key Requirements PROMPT example:
Third Party Collateral Agreement
"I need a Third Party Collateral Agreement governed by Maltese law where a parent company will provide listed securities as collateral for a 鈧5M loan facility being granted to its subsidiary by MaltaBank plc, with the security to become effective by March 2025."
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1. Parties: Identification of the secured party, primary obligor, and third-party collateral provider
2. Background: Context of the agreement, relationship between parties, and purpose of the collateral arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Secured Obligations: Description and scope of the obligations being secured
5. Grant of Security Interest: Creation and terms of the security interest over the collateral
6. Nature of Security: Specification of the type of security interest being created
7. Representations and Warranties: Statements by the collateral provider regarding ownership, authority, and absence of encumbrances
8. Covenants: Ongoing obligations of the collateral provider regarding the collateral
9. Rights and Obligations: Detailed rights and obligations of all parties regarding the collateral
10. Enforcement: Circumstances and procedures for enforcing the security interest
11. Power of Attorney: Appointment of the secured party as attorney for enforcement purposes
12. Further Assurance: Obligation to execute additional documents if needed
13. Miscellaneous: Standard boilerplate provisions
14. Governing Law and Jurisdiction: Confirmation of Maltese law application and jurisdiction
1. Control Agreement Provisions: Required when collateral includes bank accounts or investment accounts requiring control agreements
2. Custodian Provisions: Required when collateral is held by a third-party custodian
3. Income and Voting Rights: Required for financial instruments with voting rights or income streams
4. Currency Provisions: Required when collateral or secured obligations involve multiple currencies
5. Insurance Requirements: Required when collateral includes physical assets requiring insurance
6. Registration Requirements: Required when security interest must be registered with specific authorities
7. Subordination Provisions: Required when there are multiple security interests requiring prioritization
1. Schedule 1 - Description of Collateral: Detailed description and identification of the collateral assets
2. Schedule 2 - Secured Obligations: Detailed description of the secured obligations
3. Schedule 3 - Perfection Requirements: List of required filings, registrations, and notices
4. Schedule 4 - Forms of Notices: Template notices for relevant third parties
5. Schedule 5 - Additional Representations: Any additional representations specific to the collateral type
6. Appendix A - Forms of Transfer Documents: Template documents for transferring control or ownership of collateral
7. Appendix B - Enforcement Procedures: Detailed procedures for enforcement under Maltese law
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Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Services
Corporate Services
Real Estate
Manufacturing
Trading
Shipping
Aviation
Insurance
Asset Management
Private Equity
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretarial
Credit
Collateral Management
Transaction Management
Business Development
Relevant Roles
Legal Counsel
Corporate Lawyer
Finance Director
Security Trustee
Compliance Officer
Risk Manager
Corporate Secretary
Treasury Manager
Credit Manager
Collateral Manager
Transaction Manager
Business Development Director
Chief Financial Officer
Chief Legal Officer
Banking Relationship Manager
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