The Collateral Control Agreement is essential in secured financing transactions where third-party control of collateral is required. This document, governed by Singapore law, establishes the framework for managing and controlling collateral, whether physical assets, securities, or other valuable property. It outlines the appointment of a collateral agent, defines control mechanisms, specifies monitoring requirements, and establishes clear procedures for collateral release or enforcement. The agreement is particularly crucial in trade finance, structured finance, and other secured lending arrangements where proper collateral management is vital for risk mitigation.
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Key Requirements PROMPT example:
Collateral Control Agreement
"Need a Collateral Control Agreement for a syndicated trade finance facility closing on March 15, 2025, where the collateral agent will manage warehouse receipts for commodity storage in Singapore, with three secured lenders requiring weekly reporting."
1. Parties: Identifies all parties to the agreement: typically the Collateral Provider, Collateral Agent/Manager, and Secured Party
2. Background/Recitals: Explains the context and purpose of the agreement, including reference to the underlying facility agreement
3. Definitions: Defines key terms used throughout the agreement
4. Appointment of Collateral Manager: Terms of appointment and scope of authority
5. Control and Custody of Collateral: Provisions regarding possession, control, and maintenance of collateral
6. Rights and Obligations: Detailed responsibilities of each party
7. Instructions and Communications: Procedures for giving and receiving instructions regarding collateral
8. Fees and Expenses: Payment terms for collateral management services
9. Term and Termination: Duration and termination provisions
1. Insurance: Required when collateral includes physical assets requiring insurance
2. Cross-Border Provisions: Specific provisions for international arrangements
3. Electronic Systems: Provisions regarding electronic monitoring and reporting systems
1. Description of Collateral: Detailed listing and description of all collateral covered
2. Fee Schedule: Detailed breakdown of fees and charges
3. Operating Procedures: Specific procedures for handling and managing collateral
4. Form of Notices: Standard forms for various notices under the agreement
5. Authorized Signatories: List of persons authorized to give instructions
6. Reporting Requirements: Templates and schedules for required reports
Authors
Relevant legal definitions
Agreement
Applicable Law
Authorized Person
Business Day
Collateral
Collateral Account
Collateral Agent
Collateral Management Fee
Collateral Provider
Control Notice
Default Event
Effective Date
Encumbrance
Enforcement Event
Event of Default
Facility Agreement
Force Majeure Event
Indemnified Persons
Instructions
Loss
Material Adverse Effect
Notice
Operating Procedures
Parties
Release Notice
Secured Obligations
Secured Party
Security Interest
Security Period
Services
SGD
Singapore Business Day
Storage Location
Term
Transaction Documents
USD
Applicable Law
Authorized Person
Business Day
Collateral
Collateral Account
Collateral Agent
Collateral Management Fee
Collateral Provider
Control Notice
Default Event
Effective Date
Encumbrance
Enforcement Event
Event of Default
Facility Agreement
Force Majeure Event
Indemnified Persons
Instructions
Loss
Material Adverse Effect
Notice
Operating Procedures
Parties
Release Notice
Secured Obligations
Secured Party
Security Interest
Security Period
Services
SGD
Singapore Business Day
Storage Location
Term
Transaction Documents
USD
Clauses
Appointment of Collateral Agent
Authority and Powers
Control and Custody
Monitoring and Reporting
Instructions and Communications
Fees and Expenses
Representations and Warranties
Covenants
Indemnification
Liability and Limitation
Force Majeure
Confidentiality
Data Protection
Term and Termination
Events of Default
Enforcement
Release of Collateral
Notices
Assignment and Transfer
Amendment and Waiver
Severability
Counterparts
Entire Agreement
Third Party Rights
Governing Law
Dispute Resolution
Insurance
Record Keeping
Compliance with Laws
Anti-Money Laundering
Electronic Communications
Authority and Powers
Control and Custody
Monitoring and Reporting
Instructions and Communications
Fees and Expenses
Representations and Warranties
Covenants
Indemnification
Liability and Limitation
Force Majeure
Confidentiality
Data Protection
Term and Termination
Events of Default
Enforcement
Release of Collateral
Notices
Assignment and Transfer
Amendment and Waiver
Severability
Counterparts
Entire Agreement
Third Party Rights
Governing Law
Dispute Resolution
Insurance
Record Keeping
Compliance with Laws
Anti-Money Laundering
Electronic Communications
Relevant Industries
Relevant Teams
Relevant Roles
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