The Collateral Substitution Agreement is essential when parties need to replace existing collateral with alternative assets while maintaining the security arrangement's integrity. This document is commonly used in Singapore's financial markets where dynamic collateral management is required. It sets out the mechanisms for substitution, including valuation methods, eligibility criteria, and timing requirements. The agreement ensures compliance with Singapore's regulatory framework while providing flexibility in collateral management. It's particularly relevant when market conditions change or when collateral providers need to optimize their asset utilization.
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Key Requirements PROMPT example:
Collateral Substitution Agreement
"Need a Collateral Substitution Agreement under Singapore law to replace our existing government bonds with blue-chip corporate shares as collateral for our loan facility, with the substitution to take effect from March 1, 2025."
1. Parties: Identification of contracting parties and their details
2. Background/Recitals: Context of the agreement and reference to original collateral arrangements
3. Definitions: Key terms used throughout the agreement including references to relevant Singapore legislation (Securities and Futures Act, Companies Act, Property Law Act)
4. Substitution Rights: Terms and conditions for collateral substitution, including eligibility criteria and conditions precedent
5. Substitution Process: Procedural requirements for executing substitution, including notice requirements and timing
6. Representations and Warranties: Statements of fact and assurances by parties regarding their authority, ownership and right to substitute collateral
7. Governing Law and Jurisdiction: Specification of Singapore law as governing law and jurisdiction for dispute resolution
1. Valuation Mechanisms: Methods for valuing substitute collateral, to be included when dealing with complex or variable-value collateral
2. Credit Support Provisions: Additional credit support arrangements, required when supplementary credit support is needed
3. Cross-Default Provisions: Provisions linking to other agreements, included when multiple related agreements exist
1. Schedule of Original Collateral: Detailed description and specifications of existing collateral being substituted
2. Schedule of Substitute Collateral: Detailed description and specifications of new collateral being provided
3. Valuation Methodology: Detailed procedures and formulas for valuation of collateral
4. Form of Substitution Notice: Template notice format for formal substitution notifications
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