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Debt Assignment Agreement
"I need a Swiss law Debt Assignment Agreement to transfer a portfolio of commercial loans valued at CHF 5 million from our bank to a debt collection agency, with completion planned for March 2025 and including provisions for existing security interests."
1. Parties: Identification of the Assignor and Assignee, including full legal names and addresses
2. Background: Context of the assignment, description of the original debt relationship, and purpose of the assignment
3. Definitions: Definitions of key terms used in the agreement, including 'Assigned Claim', 'Debtor', 'Effective Date', etc.
4. Subject Matter of Assignment: Detailed description of the claim(s) being assigned, including amount, origin, and any identifying characteristics
5. Assignment: Core provision effecting the transfer of the claim from Assignor to Assignee
6. Consideration: Details of any payment or other consideration for the assignment
7. Representations and Warranties: Assignor's warranties regarding existence, validity, and enforceability of the claim
8. Notification to Debtor: Provisions regarding the notification of the debtor about the assignment
9. Further Assurance: Obligations to execute further documents and take additional steps if needed
10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
11. Execution: Signature blocks and execution formalities
1. Transfer of Security Interests: Required when there are security interests or collateral associated with the assigned claim
2. Conditions Precedent: Include when the assignment is subject to fulfillment of certain conditions
3. Payment Instructions: Include when specific payment routing or account details need to be documented
4. Partial Assignment: Required when only a portion of a claim is being assigned
5. Costs and Expenses: Include when there's a need to allocate transaction costs
6. Confidentiality: Include when assignment involves sensitive commercial information
7. Data Protection: Required when personal data is involved in the assigned claims
1. Schedule 1 - Assigned Claims: Detailed list and description of all claims being assigned, including amounts, dates, and reference numbers
2. Schedule 2 - Existing Security Interests: List of any security interests, guarantees, or collateral associated with the assigned claims
3. Schedule 3 - Form of Notice to Debtor: Template of the notice to be sent to the debtor(s) regarding the assignment
4. Schedule 4 - Powers of Attorney: Any required powers of attorney for executing additional documents or taking further actions
5. Appendix A - Original Debt Documentation: Copies of the original debt agreements or instruments being assigned
6. Appendix B - Corporate Authorizations: Copies of corporate resolutions or other authorization documents
Authors
Banking & Financial Services
Insurance
Asset Management
Debt Collection & Recovery
Private Equity
Real Estate
Manufacturing
Trading & Commerce
Professional Services
Healthcare
Construction
Technology
Legal
Finance
Treasury
Credit Control
Risk Management
Commercial
Corporate Affairs
Debt Recovery
Investment
Asset Management
Contract Management
Legal Counsel
Finance Director
Credit Manager
Debt Collection Officer
Treasury Manager
Commercial Director
Risk Manager
Contract Manager
Corporate Lawyer
Financial Controller
Investment Manager
Asset Manager
Restructuring Officer
Chief Financial Officer
Company Secretary
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