Collateral Sharing Agreement Template for Nigeria

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Key Requirements PROMPT example:

Collateral Sharing Agreement

"I need a Collateral Sharing Agreement for a syndicated loan facility where three Nigerian banks will share security over oil & gas assets, with one bank acting as security trustee, and we need to ensure compliance with both Nigerian petroleum regulations and banking laws."

Document background
The Collateral Sharing Agreement is essential in complex financing arrangements where multiple creditors hold security interests in the same collateral. This document is particularly relevant in the Nigerian market where syndicated lending and project finance transactions require careful structuring of security arrangements. The agreement ensures compliance with Nigerian security and banking regulations while providing a clear framework for creditor rights, priorities, and enforcement procedures. It addresses key aspects such as voting rights, enforcement mechanisms, proceeds distribution, and the appointment and powers of security trustees. The document becomes crucial when different creditors have varying levels of priority or when sequential financing requires coordination of security interests.
Suggested Sections

1. Parties: Identifies all creditors participating in the sharing arrangement and any security trustee/agent

2. Background: Sets out the context of the sharing arrangement, including reference to underlying facility agreements and security documents

3. Definitions and Interpretation: Defines key terms used throughout the agreement and interpretation rules

4. Sharing and Priority Arrangements: Details how the collateral and proceeds will be shared among creditors, including priority rankings

5. Security Trust and Agency: Establishes the role and powers of the security trustee/agent in managing the shared collateral

6. Decision Making: Procedures for making decisions regarding the shared collateral, including voting rights and majority requirements

7. Enforcement: Rules and procedures for enforcing security interests and distributing proceeds

8. Payment Mechanics: Procedures for collecting and distributing payments among creditors

9. Costs and Expenses: Allocation of costs related to maintaining and enforcing the security interests

10. Changes to the Parties: Procedures for adding or removing creditors from the arrangement

11. Notices: Communication requirements and procedures between parties

12. Governing Law and Jurisdiction: Specifies Nigerian law as governing law and jurisdiction for disputes

Optional Sections

1. Intercreditor Provisions: Detailed provisions governing relationships between different classes of creditors - used when there are multiple tiers of debt

2. Standstill Provisions: Restrictions on individual creditor actions - included when needed to prevent unilateral enforcement

3. Currency Conversion: Rules for handling multiple currencies - needed when collateral or obligations involve different currencies

4. Tax Provisions: Specific tax-related provisions - included when tax implications are significant

5. Refinancing Provisions: Procedures for handling refinancing of existing facilities - included when refinancing is contemplated

6. Insurance: Provisions regarding insurance of collateral - included when specific assets require insurance coverage

7. Parallel Debt: Creates parallel payment obligations - needed when dealing with jurisdictions that don't recognize trust concepts

8. Local Law Requirements: Specific provisions required by Nigerian law - included based on nature of collateral and parties

Suggested Schedules

1. Party Details: Complete details of all parties including notice information

2. Form of Accession Deed: Template for new creditors joining the arrangement

3. Security Documents: List and copies of all security documents covered by the sharing arrangement

4. Collateral Details: Detailed description of all shared collateral and their respective values

5. Priority Rankings: Detailed matrix showing priority rankings for different types of collateral and creditors

6. Form of Resignation Letter: Template for creditors exiting the arrangement

7. Voting and Decision Making Procedures: Detailed procedures for different types of decisions

8. Distribution Waterfall: Detailed order of priority for distributing enforcement proceeds

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Infrastructure

Real Estate

Oil & Gas

Manufacturing

Mining

Telecommunications

Power & Energy

Agriculture

Relevant Teams

Legal

Finance

Risk Management

Credit

Compliance

Treasury

Corporate Banking

Syndications

Project Finance

Security Administration

Transaction Management

Relevant Roles

Chief Financial Officer

Legal Counsel

Finance Director

Risk Manager

Credit Manager

Security Trustee

Facility Agent

Compliance Officer

Treasury Manager

Transaction Manager

Syndication Manager

Corporate Banking Manager

Security Agent

Project Finance Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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