A Cash Collateral Agreement is utilized when parties need to establish security arrangements using cash as collateral. This document is essential in financial transactions where cash security is required to support obligations or exposure between parties. Under English and Welsh law, it provides a robust framework for creating and enforcing security interests over cash collateral, incorporating requirements from the Financial Collateral Arrangements Regulations and related legislation. The agreement typically covers collateral delivery, maintenance requirements, use restrictions, enforcement rights, and regulatory compliance obligations.
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1. Parties: Identification of all parties to the agreement including full legal names and addresses
2. Background/Recitals: Context of the agreement and relationship between parties
3. Definitions and Interpretation: Key terms used throughout the agreement and interpretation rules
4. Provision of Collateral: Terms governing the delivery and maintenance of cash collateral
5. Security Interest: Creation and perfection of security interest over the cash collateral
6. Collateral Maintenance: Requirements for maintaining collateral levels, top-up provisions
7. Use and Control of Collateral: Rights and restrictions regarding use of the collateral
8. Events of Default: Circumstances constituting default and consequences
9. Enforcement: Rights and procedures for enforcing security interest
10. Governing Law and Jurisdiction: Specification of applicable law and courts
1. Interest Provisions: Terms for interest on cash collateral - use when parties agree that interest will be paid on the collateral
2. Tax Provisions: Treatment of taxes on collateral and interest - use when tax implications need to be specifically addressed
3. Currency Provisions: Rules for handling multiple currencies - use when collateral may be provided in different currencies
4. Regulatory Compliance: Specific regulatory requirements - use when parties are regulated entities
1. Collateral Account Details: Specification of account(s) where collateral will be held
2. Calculation of Collateral Requirements: Methodology for calculating required collateral amounts
3. Form of Notices: Standard forms for various notices under the agreement
4. Authorized Persons: List of persons authorized to act under the agreement
5. Security Documents: Additional security documentation if required
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