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Assignment Of Proceeds Agreement Template for Switzerland

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Key Requirements PROMPT example:

Assignment Of Proceeds Agreement

"I need an Assignment of Proceeds Agreement under Swiss law for a renewable energy project, where our company (SolarTech AG) will assign the proceeds from our power purchase agreements to Credit Suisse as security for a CHF 10 million facility to be drawn in March 2025."

Document background
The Assignment Of Proceeds Agreement is a vital instrument in Swiss commercial and financial transactions, governed by Swiss law, particularly the Code of Obligations. This document is commonly used when a party needs to transfer its rights to receive payments to another party, often in the context of financing arrangements, security packages, or project finance structures. It can be used to secure obligations, facilitate financing, or streamline payment arrangements. The agreement must comply with Swiss formal requirements for assignments and typically includes detailed provisions on the scope of assigned proceeds, payment mechanics, and representations about the assignor's rights to make the assignment. It's particularly relevant in scenarios involving regular payment streams, project revenues, or contractual receivables.
Suggested Sections

1. Parties: Identification of the Assignor, Assignee, and any other relevant parties (such as the Debtor)

2. Background: Context of the assignment, including reference to the underlying transaction generating the proceeds

3. Definitions: Definitions of key terms used throughout the agreement, including 'Proceeds', 'Underlying Agreement', etc.

4. Assignment: Core provision detailing the assignment of proceeds, including the scope and effective date

5. Representations and Warranties: Assignor's confirmations regarding ownership, right to assign, and absence of encumbrances

6. Payment Mechanics: Details of how and where assigned proceeds should be paid

7. Notices: Requirements and procedures for serving notices under the agreement

8. Further Assurance: Obligations to execute further documents and take additional steps if needed

9. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction for disputes

Optional Sections

1. Security Provisions: Additional security arrangements, used when the assignment is for security purposes

2. Bank Account Details: Specific section for payment account details, used when payments are to be made to designated accounts

3. Currency Provisions: Required when proceeds may be paid in multiple currencies

4. Costs and Expenses: Allocation of costs, used when significant expenses are anticipated

5. Power of Attorney: Granting of powers to the assignee, used when direct enforcement rights are needed

6. Tax Provisions: Required when tax implications need specific addressing

7. Multiple Assignees: Governing relationship between assignees, used when there is more than one assignee

Suggested Schedules

1. Schedule 1 - Details of Assigned Proceeds: Detailed description and identification of the proceeds being assigned

2. Schedule 2 - Form of Notice to Debtor: Template notice to be sent to the debtor informing them of the assignment

3. Schedule 3 - Form of Acknowledgment: Template acknowledgment to be signed by the debtor

4. Schedule 4 - Payment Details: Detailed payment instructions and account information

5. Appendix A - Underlying Agreement: Copy or extract of the agreement generating the proceeds

6. Appendix B - Corporate Authorizations: Copies of relevant corporate approvals and authorizations

Authors

Alex Denne

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

Relevant legal definitions








































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Relevant Industries

Banking and Financial Services

Construction and Real Estate

Manufacturing

Energy and Utilities

Infrastructure

Technology

Telecommunications

Healthcare

Retail

Professional Services

Transportation and Logistics

Relevant Teams

Legal

Finance

Treasury

Credit and Risk

Commercial

Compliance

Project Finance

Transaction Management

Business Development

Accounts Receivable

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Legal Counsel

Corporate Lawyer

Contract Manager

Risk Manager

Credit Manager

Project Finance Manager

Transaction Manager

Business Development Director

Commercial Director

Accounts Receivable Manager

Financial Controller

Compliance Officer

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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