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1. Parties: Identifies the assignor (current debt holder) and assignee (party receiving the debt), including full legal names and addresses
2. Background: Explains the context of the assignment, including the existence of the debt and the parties' intention to transfer it
3. Definitions and Interpretation: Defines key terms used in the agreement and sets out rules for interpretation
4. Assignment: Core clause establishing the transfer of the debt and all associated rights from assignor to assignee
5. Consideration: Specifies the amount paid or other consideration given for the assignment
6. Completion: Details the timing and mechanics of the assignment, including completion date and any conditions precedent
7. Warranties and Representations: Assignor's warranties about the debt, including its existence, validity, and freedom from encumbrances
8. Further Assurance: Obligations to execute further documents and take additional steps to perfect the assignment
9. Notices: Procedures for giving notices under the agreement, including to the debtor
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Security Transfer: Required when the debt is secured and the security needs to be transferred along with the debt
2. Debtor Consent: Include when the original debt agreement requires debtor consent for assignment
3. Regulatory Compliance: Required for regulated debts (e.g., consumer credit) to address specific regulatory requirements
4. Collection Procedures: Include when specific debt collection procedures need to be followed post-assignment
5. Data Protection: Required when significant personal data is being transferred with the debt
6. Indemnities: Optional protections for the assignee against pre-existing claims or issues
7. Step-in Rights: Include when assignee needs specific rights to take over existing proceedings or contracts
8. Third Party Rights: Required when the assignment affects rights of third parties beyond the debtor
1. Schedule 1 - Debt Details: Detailed description of the debt being assigned, including amount, interest rate, payment terms, and history
2. Schedule 2 - Security Details: Description of any security interests associated with the debt
3. Schedule 3 - Related Documents: List of all relevant documents being transferred (e.g., loan agreements, security documents)
4. Schedule 4 - Completion Requirements: Checklist of documents and actions required for completion
5. Schedule 5 - Notice of Assignment: Form of notice to be sent to the debtor informing them of the assignment
6. Schedule 6 - Power of Attorney: Optional power of attorney from assignor to assignee to deal with debt-related matters
Assignment Date
Completion
Completion Date
Consideration
Cut-off Date
Debt Documents
Debtor
Default Interest
Effective Date
Encumbrance
Event of Default
Existing Security
Governmental Agency
Interest Rate
Law
Material Adverse Effect
Notice of Assignment
Outstanding Balance
Parties
Payment Date
Permitted Encumbrance
PPSA
PPSR
Related Rights
Relevant Documents
Security Interest
Security Trust
Secured Property
Transaction Documents
Transfer Documents
Warranties
Working Day
Business Day
GST
Insolvency Event
Personal Information
Privacy Laws
Regulatory Requirements
Representative
Consideration
Representations and Warranties
Completion
Security Transfer
Further Assurance
Notices
Confidentiality
Data Protection
Regulatory Compliance
Indemnification
Force Majeure
Governing Law
Dispute Resolution
Severability
Amendment
Waiver
Entire Agreement
Counterparts
Assignment and Novation
Costs and Expenses
GST
Time of Essence
Third Party Rights
Power of Attorney
Survival of Terms
Default and Enforcement
Set-Off Rights
Registration Requirements
Privacy Obligations
Financial Services
Banking
Insurance
Debt Collection
Asset Management
Commercial Real Estate
Private Equity
Corporate Finance
Healthcare Finance
Construction Finance
Retail Finance
Professional Services
Legal
Finance
Credit Management
Risk & Compliance
Treasury
Debt Collection
Commercial Operations
Corporate Development
Portfolio Management
Legal Operations
Legal Counsel
Financial Controller
Credit Manager
Debt Collection Manager
Commercial Director
Risk Manager
Compliance Officer
Contract Administrator
Corporate Lawyer
Finance Manager
Treasury Manager
Portfolio Manager
Chief Financial Officer
Legal Operations Manager
Business Development Manager
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