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Subrogation Agreement
"I need a Subrogation Agreement under Dutch law for an insurance claim where our company will take over the rights to pursue a claim against a third-party manufacturer for product defects, with the transfer to be effective from March 1, 2025."
1. Parties: Identification of the subrogating party (creditor/insurer) and the party being subrogated (new creditor)
2. Background: Context of the original obligation, the reason for subrogation, and relevant history of the debt or claim
3. Definitions: Definitions of key terms used in the agreement, including 'Original Obligation', 'Debtor', 'Subrogated Rights', etc.
4. Subject Matter of Subrogation: Detailed description of the rights, claims, and obligations being transferred through subrogation
5. Consideration: Details of any payment or consideration for the subrogation (if applicable)
6. Effective Date and Conditions: When the subrogation takes effect and any conditions that must be met
7. Representations and Warranties: Standard representations about the validity of the original claim, authority to transfer, etc.
8. Transfer Mechanics: Process and mechanics of how the subrogation will be effected
9. Cooperation: Obligations to cooperate in implementing the subrogation and providing necessary documentation
10. Notices: How and where notices under the agreement should be sent
11. Governing Law and Jurisdiction: Confirmation of Dutch law as governing law and jurisdiction for disputes
12. Execution: Signature blocks and execution formalities
1. Security Rights: Section dealing with the transfer of any security rights associated with the original obligation - include when there are security interests involved
2. Third Party Consent: Requirements for and provisions about obtaining third party consents - include when third party approval is needed
3. Insurance Provisions: Specific provisions related to insurance claims and requirements - include for insurance-related subrogation
4. Regulatory Compliance: Specific provisions ensuring compliance with relevant regulations - include when regulated entities are involved
5. Tax Provisions: Handling of tax implications and responsibilities - include when there are significant tax considerations
6. Confidentiality: Provisions regarding confidential information - include when sensitive commercial information is involved
7. Further Assurance: Obligations to execute additional documents - include in complex transactions
8. Costs and Expenses: Allocation of costs related to the subrogation - include when significant costs are expected
1. Schedule 1 - Original Obligation Details: Detailed description of the original obligation or debt being subrogated
2. Schedule 2 - Relevant Documents: List and copies of all relevant documents relating to the original obligation
3. Schedule 3 - Payment Details: Details of any payments made and outstanding amounts
4. Schedule 4 - Security Rights: Details of any security rights associated with the obligation
5. Schedule 5 - Form of Notice: Template notices to be sent to relevant parties regarding the subrogation
6. Appendix A - Powers of Attorney: Any required powers of attorney for executing the subrogation
7. Appendix B - Consent Forms: Template consent forms for any required third-party approvals
Authors
Applicable Law
Business Day
Claim
Consideration
Debtor
Effective Date
Enforcement Rights
Existing Security
Insured
Insured Event
Losses
Original Claim
Original Creditor
Original Debt
Original Documents
Original Obligation
Outstanding Amount
Parties
Payment Date
Permitted Assignee
Related Rights
Relevant Documents
Security Rights
Subrogated Claims
Subrogated Party
Subrogating Party
Subrogation Date
Subrogation Notice
Subrogation Rights
Third Party
Transfer Documents
Underlying Agreement
Working Day
Authority
Confidentiality
Consideration
Cooperation
Costs
Data Protection
Definitions
Enforcement
Further Assurance
Governing Law
Indemnification
Insurance
Jurisdiction
Notices
Obligations
Payment
Representations and Warranties
Security Rights
Severability
Subrogation
Succession
Tax
Term
Third Party Rights
Transfer
Waiver
Warranties
Insurance
Financial Services
Banking
Healthcare
Construction
Manufacturing
Transportation
Real Estate
Maritime
Professional Services
Legal
Claims
Risk Management
Compliance
Finance
Insurance Operations
Contract Administration
Recovery
Policy Administration
Corporate Governance
Legal Counsel
Claims Manager
Risk Manager
Insurance Underwriter
Compliance Officer
Chief Financial Officer
Contract Manager
Recovery Specialist
Insurance Claims Handler
Legal Operations Manager
Debt Recovery Officer
Portfolio Manager
Insurance Policy Administrator
Subrogation Specialist
Financial Controller
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