The Collateral Access Agreement is essential in secured lending transactions where collateral is held by a third party rather than the debtor or secured creditor. Under Singapore law, this document ensures that secured creditors maintain effective control over their security interests by establishing clear protocols for accessing and inspecting collateral. The agreement becomes particularly important in scenarios involving warehoused goods, leased premises, or third-party custodians. It addresses key considerations under Singapore's secured transactions framework, including priority rights, notice requirements, and enforcement mechanisms.
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1. Parties: Identification of all parties to the agreement including the collateral holder, secured party, and debtor
2. Background: Context of the agreement and reference to primary facility/security agreements
3. Definitions: Key terms used throughout the agreement including defined terms from relevant legislation
4. Grant of Access Rights: Specific rights granted for accessing and inspecting collateral, including conditions and restrictions
5. Notice Requirements: Procedures for requesting and granting access, including timing and format requirements
6. Security Interest Acknowledgment: Recognition of existing security interests and priorities under Singapore law
7. Representations and Warranties: Standard representations regarding authority, capacity, and enforceability
8. Term and Termination: Duration of the agreement and circumstances allowing for termination
9. Governing Law and Jurisdiction: Specification of Singapore law as governing law and submission to Singapore courts
1. Insurance Requirements: Provisions regarding insurance of collateral and access to insurance documentation when physical assets are involved
2. Landlord Provisions: Specific provisions relating to landlord rights when collateral is located in leased premises
3. Third Party Rights: Provisions dealing with rights of other secured parties when multiple security interests exist
4. Costs and Expenses: Provisions for allocation of costs related to access and inspection
5. Force Majeure: Provisions dealing with circumstances preventing access due to events beyond parties' control
1. Schedule 1 - Description of Collateral: Detailed description of collateral covered by the agreement
2. Schedule 2 - Form of Access Notice: Template notice for requesting access to collateral
3. Schedule 3 - Priority Arrangements: Details of ranking between different security interests if applicable
4. Schedule 4 - Property Details: Description of premises where collateral is located
5. Schedule 5 - Authorized Representatives: List of persons authorized to request and grant access
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