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Commercial Security Agreement
"I need a Commercial Security Agreement under New Zealand law for my manufacturing company to grant security over its equipment and inventory to ABC Bank Limited, with the security to commence from March 1, 2025."
1. Parties: Identifies and defines the Secured Party and the Grantor, including full legal names and addresses
2. Background: Explains the context of the security agreement, including reference to any underlying obligations or facilities
3. Definitions and Interpretation: Defines key terms used in the agreement and sets out interpretation rules
4. Grant of Security Interest: Creates and establishes the security interest over the collateral
5. Secured Obligations: Defines the obligations being secured, including present and future debts
6. Representations and Warranties: Grantor's declarations regarding ownership, authority, and status of collateral
7. Covenants: Ongoing obligations of the Grantor regarding maintenance and use of collateral
8. Default Events: Specifies what constitutes a default under the agreement
9. Enforcement Rights: Details the Secured Party's rights and remedies upon default
10. Power of Attorney: Appointment of Secured Party as attorney for enforcement purposes
11. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Third Party Rights: Required when collateral involves third-party interests or consents
2. Insurance Requirements: Detailed insurance obligations when collateral requires specific insurance coverage
3. Special Asset Provisions: Include when security covers specific types of assets like intellectual property or vehicles
4. Cross-Collateralization: Required when security interest secures multiple facilities or obligations
5. Subordination Provisions: Include when there are multiple security interests requiring priority arrangements
6. Foreign Currency Provisions: Required when secured obligations involve foreign currency
7. GST Provisions: Include when security arrangement has GST implications
1. Schedule 1 - Collateral Description: Detailed description of all assets subject to the security interest
2. Schedule 2 - Secured Obligations: Detailed list of all secured obligations and facilities
3. Schedule 3 - Permitted Security Interests: List of pre-existing or permitted security interests over the collateral
4. Schedule 4 - Special Terms: Any special terms or conditions applicable to specific collateral
5. Appendix A - PPSR Registration Details: Details required for Personal Property Securities Register registration
6. Appendix B - Form of Notice: Template notices for enforcement or other communications
7. Appendix C - Existing Security Interests: Details of existing security interests and priority arrangements
Authors
Banking and Financial Services
Commercial Real Estate
Manufacturing
Retail
Agriculture
Technology
Construction
Transportation and Logistics
Healthcare
Professional Services
Mining and Resources
Hospitality
Legal
Finance
Treasury
Risk Management
Compliance
Credit Administration
Corporate Finance
Commercial Operations
Security Administration
Loan Operations
Chief Financial Officer
Finance Director
Legal Counsel
Commercial Lawyer
Credit Manager
Risk Manager
Security Trustee
Compliance Officer
Commercial Director
Treasury Manager
Banking Relationship Manager
Corporate Finance Manager
Security Administrator
Loan Officer
Financial Controller
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