Collateral Trust Agreement for Malta
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Collateral Trust Agreement
"I need a Collateral Trust Agreement under Maltese law for a syndicated loan facility closing on March 15, 2025, where multiple banks will be secured parties and the collateral consists of marketable securities and cash deposits held with a licensed Maltese trustee."
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1. Parties: Identifies all parties to the agreement including the trustee, settlor(s), beneficiaries, and secured parties
2. Background: Sets out the context of the agreement, including the underlying obligations and purpose of the collateral trust arrangement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Appointment of Trustee: Formal appointment of the trustee and acceptance of the trust
5. Declaration of Trust: Establishes the trust structure and the trustee's holding of collateral
6. Collateral Requirements: Specifies the nature, form, and requirements of eligible collateral
7. Security Interest: Creates and defines the security interest in the collateral
8. Trustee's Rights and Obligations: Details the trustee's powers, duties, and responsibilities in managing the collateral
9. Representations and Warranties: Standard representations and warranties from all parties
10. Events of Default: Defines events triggering enforcement rights or termination
11. Enforcement: Procedures for enforcing security interests upon default
12. Fees and Expenses: Details trustee compensation and expense reimbursement
13. Indemnification: Provisions for indemnifying the trustee
14. Term and Termination: Duration of the agreement and termination procedures
15. Governing Law and Jurisdiction: Specifies Maltese law as governing law and jurisdiction for disputes
1. Secured Party Representatives: Required when multiple secured parties appoint a representative to act on their behalf
2. Intercreditor Provisions: Needed when there are multiple secured parties with different priorities
3. Tax Provisions: Detailed tax arrangements when complex tax implications exist
4. Foreign Law Considerations: Required when collateral includes assets in other jurisdictions
5. Custodian Provisions: When a separate custodian is appointed to hold the collateral
6. Electronic Communications: Specific provisions for electronic communications and signatures if agreed
7. GDPR Compliance: Detailed data protection provisions when personal data is involved
8. Force Majeure: Specific provisions for handling unforeseen circumstances
9. Alternative Dispute Resolution: When parties agree to mediation or arbitration procedures
1. Schedule 1 - Description of Collateral: Detailed description and categorization of all collateral assets
2. Schedule 2 - Secured Obligations: Detailed description of the obligations secured by the collateral
3. Schedule 3 - Forms of Notice: Standard forms for various notices required under the agreement
4. Schedule 4 - Fee Schedule: Detailed breakdown of trustee fees and payment terms
5. Schedule 5 - Operating Procedures: Detailed procedures for collateral maintenance, substitution, and valuation
6. Appendix A - Initial Collateral Schedule: Initial listing of specific collateral assets and their values
7. Appendix B - Form of Collateral Addition Notice: Standard form for adding new collateral to the trust
8. Appendix C - Form of Release Notice: Standard form for releasing collateral from the trust
9. Appendix D - Authorized Signatories: List of persons authorized to act on behalf of each party
Authors
Additional Collateral
Applicable Law
Authorized Representative
Banking Day
Beneficiary
Business Day
Calculation Agent
Collateral
Collateral Account
Collateral Addition Notice
Collateral Agent
Collateral Release Notice
Collateral Requirements
Collateral Value
Credit Support Document
Custodian
Default Notice
Delegate
Effective Date
Eligible Collateral
Encumbrance
Enforcement Event
Enforcement Notice
Event of Default
Expenses
Financial Collateral
Governing Law
Indemnified Party
Initial Collateral
Insolvency Event
Instructions
Legal Process
Liability
Loss
Margin Call
Material Adverse Effect
Notices
Obligations
Operating Procedures
Parties
Permitted Investments
Person
Proceeds
Rating Agency
Regulatory Requirement
Related Rights
Release Conditions
Relevant Jurisdiction
Required Value
Secured Obligations
Secured Parties
Security
Security Agent
Security Interest
Security Period
Settlement Date
Specified Currency
Termination Date
Transaction Documents
Trust
Trust Assets
Trust Deed
Trust Period
Trustee
Trustee Acts
Valuation Agent
Valuation Date
Valuation Percentage
Appointment of Trustee
Declaration of Trust
Collateral Requirements
Security Interest
Trustee Powers
Trustee Duties
Representations and Warranties
Covenants
Events of Default
Enforcement
Payment Provisions
Fees and Expenses
Indemnification
Liability Limitation
Succession of Trustee
Confidentiality
Data Protection
Instructions
Notices
Amendment
Assignment
Severability
Force Majeure
Governing Law
Jurisdiction
Dispute Resolution
Third Party Rights
Counterparts
Further Assurance
Entire Agreement
Termination
Agency
Tax
Anti-Money Laundering
Compliance
Records and Reports
Communication
Authority and Capacity
Delegation
Waiver
Set-Off
Banking and Financial Services
Investment Services
Trust and Fiduciary Services
Corporate Services
Asset Management
Capital Markets
Insurance
Real Estate
Maritime
Aviation
Infrastructure
Private Equity
Legal
Compliance
Risk Management
Treasury
Finance
Trust Administration
Corporate Services
Operations
Transaction Management
Security and Collateral Management
Financial Control
Corporate Governance
Legal Counsel
Trust Manager
Compliance Officer
Risk Manager
Security Trustee
Corporate Trustee
Financial Controller
Treasury Manager
Chief Financial Officer
Head of Legal
Senior Legal Counsel
Trust Administrator
Collateral Manager
Security Agent
Transaction Manager
Director of Operations
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