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Assignment Of Payment Agreement
"I need an Assignment of Payment Agreement under Dutch law to transfer invoice payment rights worth €500,000 from my manufacturing company to a factoring company, with the assignment to be effective from March 1, 2025."
1. Parties: Identification of the Assignor (current payment rights holder) and Assignee (party receiving the payment rights)
2. Background: Context of the assignment, including reference to the underlying agreement giving rise to the payment rights
3. Definitions: Definitions of key terms used throughout the agreement, including 'Payment Rights', 'Underlying Agreement', and 'Debtor'
4. Assignment: Core provision detailing the assignment of the payment rights from Assignor to Assignee
5. Consideration: Details of any payment or other consideration for the assignment
6. Representations and Warranties: Assignor's confirmations regarding ownership, right to assign, and status of the payment rights
7. Notification and Perfection: Requirements and process for notifying the debtor and perfecting the assignment under Dutch law
8. Further Assurance: Obligations to execute further documents or take additional steps to give effect to the assignment
9. Governing Law and Jurisdiction: Confirmation of Dutch law as governing law and jurisdiction for disputes
1. Security Arrangements: Include when additional security is being provided for the assigned payments
2. Third Party Rights: Include when there are existing third party rights that need to be addressed or new third party rights to be created
3. Tax Provisions: Include when there are specific tax implications that need to be addressed
4. Anti-Assignment Provisions: Include when dealing with underlying contracts that have restrictions on assignment
5. Payment Mechanics: Include when specific payment routing or processing arrangements need to be detailed
6. Recourse Provisions: Include when the assignment is with or without recourse to the Assignor
7. Partial Assignment: Include when only a portion of the payment rights are being assigned
1. Schedule 1 - Payment Rights Details: Detailed description of the payment rights being assigned, including amounts, payment dates, and debtor details
2. Schedule 2 - Form of Notice to Debtor: Template notification to be sent to the debtor informing them of the assignment
3. Schedule 3 - Underlying Agreement: Copy or extract of the agreement giving rise to the payment rights
4. Schedule 4 - Form of Acknowledgment: Template acknowledgment to be signed by the debtor confirming the assignment
5. Schedule 5 - Payment Instructions: Details of bank accounts and payment routing instructions for the assigned payments
Authors
Financial Services
Banking
Insurance
Construction
Real Estate
Manufacturing
Energy
Infrastructure
Telecommunications
Healthcare
Professional Services
Trade and Commerce
Legal
Finance
Treasury
Credit Control
Accounts Receivable
Risk Management
Commercial
Business Development
Compliance
Operations
Legal Counsel
Finance Director
Treasury Manager
Chief Financial Officer
Accounts Receivable Manager
Credit Controller
Commercial Director
Contract Manager
Risk Manager
Financial Controller
Business Development Manager
Transaction Manager
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