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Loan Collateral Agreement
1. Parties: Identification of the lender, borrower, and any guarantors or third-party security providers
2. Background: Context of the agreement, reference to the underlying loan agreement, and purpose of the security arrangement
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Grant of Security: Core provision establishing the security interest over the collateral
5. Description of Collateral: Detailed description of the assets being provided as security
6. Secured Obligations: Definition and scope of the obligations being secured by the collateral
7. Perfection and Registration: Requirements and procedures for perfecting the security interest
8. Representations and Warranties: Statements of fact by the security provider regarding the collateral and their authority
9. Covenants: Ongoing obligations of the security provider regarding maintenance and preservation of the collateral
10. Enforcement: Rights and remedies of the lender upon default
11. Power of Attorney: Authorization for the lender to act on behalf of the security provider in specified circumstances
12. Notices: Communication requirements and contact details
13. Assignment and Transfer: Rules regarding transfer of rights under the agreement
14. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes
1. Third Party Rights: Required when there are third-party security providers or when third parties may have rights in the collateral
2. Insurance: Needed when specific insurance requirements apply to the collateral
3. Intercreditor Provisions: Required when there are multiple creditors with security interests in the same collateral
4. Currency Provisions: Needed when the secured obligations or collateral involve multiple currencies
5. Tax Provisions: Required when specific tax implications need to be addressed
6. Further Assurance: Optional section requiring the security provider to take additional actions to perfect or protect the security
7. Costs and Expenses: Optional detailed provisions regarding the allocation of costs related to the security arrangement
8. Electronic Execution: Required when the agreement may be executed electronically
1. Schedule 1 - Description of Collateral: Detailed inventory or description of the specific assets constituting the collateral
2. Schedule 2 - Form of Notice: Standard forms for notices to be given under the agreement
3. Schedule 3 - Perfection Requirements: Specific actions required to perfect the security interest in different types of collateral
4. Schedule 4 - Existing Security Interests: List of any pre-existing security interests or encumbrances on the collateral
5. Schedule 5 - Required Consents: List of third-party consents required for the creation or enforcement of the security
6. Appendix A - Registration Forms: Forms required for registering the security interest with relevant authorities
7. Appendix B - Valuation Report: Independent valuation of the collateral (if applicable)
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