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.
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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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