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Security Assignment Agreement Template for Netherlands

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Key Requirements PROMPT example:

Security Assignment Agreement

"I need a Security Assignment Agreement under Dutch law for a trade receivables financing arrangement between ABC Manufacturing B.V. (as Assignor) and XYZ Bank N.V. (as Assignee), to secure a €5 million facility agreement dated 15 January 2025, with particular attention to ongoing notification requirements for new receivables."

Document background
The Security Assignment Agreement is a key security document used in Dutch financing transactions where parties wish to create security over receivables, contractual rights, or other assignable rights. It is commonly used in conjunction with facility agreements, loan agreements, or other primary financing documents where additional security is required. The document ensures compliance with Dutch law requirements for creating valid security through assignment, including specific formalities regarding documentation and notification. It is particularly relevant in scenarios involving trade receivables financing, project finance security packages, or general corporate financing where the borrower has valuable contractual rights or receivables that can serve as security. The agreement needs to address both the creation of security and the practical aspects of managing the assigned rights before and after any enforcement event.
Suggested Sections

1. Parties: Identification of the Assignor (security provider) and the Assignee (security taker), including full legal names and addresses

2. Background: Context of the security assignment, including reference to any underlying obligations or facility agreements

3. Definitions: Definitions of key terms used throughout the agreement, including 'Assigned Rights', 'Secured Obligations', and 'Security Period'

4. Assignment: Core provision establishing the assignment of rights as security, including the scope and nature of the assignment

5. Representations and Warranties: Assignor's confirmations regarding ownership, authority, and absence of encumbrances on the assigned rights

6. Perfection Requirements: Actions required to perfect the security assignment, including notification requirements under Dutch law

7. Continuing Security: Provisions establishing the security as continuing until all secured obligations are discharged

8. Rights and Obligations of the Parties: Detailed provisions regarding the parties' respective rights and obligations during the security period

9. Enforcement: Provisions regarding enforcement of the security following a default event

10. Governing Law and Jurisdiction: Confirmation of Dutch law as governing law and jurisdiction of Dutch courts

Optional Sections

1. Further Assurance: Additional actions parties may need to take to ensure effectiveness of the security - include when complex assets are involved

2. Power of Attorney: Appointment of the Assignee as attorney to perfect or enforce the security - include when immediate perfection may not be possible

3. Tax Provisions: Specific provisions dealing with tax implications - include when tax considerations are material

4. Collection Rights: Provisions regarding collection of assigned receivables prior to enforcement - include for receivables assignments

5. Security Agent Provisions: Provisions regarding the role of security agent - include in syndicated financing arrangements

Suggested Schedules

1. Schedule 1 - Assigned Rights: Detailed description of the rights being assigned as security

2. Schedule 2 - Form of Notice: Template notice to be sent to relevant third parties to perfect the assignment

3. Schedule 3 - Secured Obligations: Detailed description of the obligations secured by the assignment

4. Schedule 4 - Conditions Precedent: List of documents and conditions required before the assignment becomes effective

5. Appendix A - Existing Security: Details of any existing security over the assigned rights that needs to be released

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






































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Relevant Industries

Banking and Financial Services

Corporate Lending

Asset Finance

Real Estate

Infrastructure

Energy

Manufacturing

Trade Finance

Insurance

Investment Management

Relevant Teams

Legal

Finance

Treasury

Risk Management

Credit

Compliance

Corporate Finance

Transaction Management

Security Administration

Portfolio Management

Relevant Roles

Legal Counsel

Finance Director

Chief Financial Officer

Treasury Manager

Risk Manager

Credit Manager

Security Trustee

Facility Agent

Transaction Manager

Corporate Lawyer

Banking Lawyer

Finance Manager

Compliance Officer

Portfolio Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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