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Deed Of Assignment Of Receivables
"I need a Deed of Assignment of Receivables for transferring $5 million worth of trade receivables from my manufacturing company to ABC Bank Limited as security for a new loan facility, with completion scheduled for March 15, 2025."
1. Parties: Identifies the assignor and assignee with their full legal names and addresses
2. Background: Sets out the context of the assignment, including the existence of the receivables and the intention to assign them
3. Definitions and Interpretation: Defines key terms used in the deed and sets out interpretation rules
4. Assignment: Contains the operative words of assignment and specifies the receivables being assigned
5. Consideration: States the consideration being paid for the assignment
6. Representations and Warranties: Assignor's confirmations regarding ownership, right to assign, and status of receivables
7. Undertakings: Ongoing obligations of the assignor, including cooperation in perfecting the assignment
8. Further Assurance: Obligation to execute further documents and take additional steps if needed
9. Notices: Provisions regarding notices to debtors and communication between parties
10. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
11. Execution: Execution blocks for signing as a deed with witnesses
1. Collection Arrangements: Used when specific arrangements for collecting the receivables need to be documented
2. Security Provisions: Required if the assignment is by way of security rather than absolute
3. Power of Attorney: Optional provision granting the assignee power to deal with the receivables directly
4. Continuing Security: Used for assignments of future receivables or revolving arrangements
5. Reassignment: Included when there's a possibility of receivables being reassigned back
6. Set-off Rights: Provisions dealing with set-off rights between parties or against debtors
7. Costs and Expenses: Detailed provisions about who bears various costs of the assignment
8. Severability: Optional boilerplate dealing with invalidity of provisions
1. Schedule 1 - The Receivables: Detailed list and description of the receivables being assigned
2. Schedule 2 - Form of Notice to Debtors: Template notice to be sent to debtors informing them of the assignment
3. Schedule 3 - Underlying Contracts: List and details of the contracts giving rise to the receivables
4. Schedule 4 - Conditions Precedent: List of any conditions that must be satisfied before assignment becomes effective
5. Appendix 1 - Copies of Relevant Documents: Copies of key documents evidencing the receivables
6. Appendix 2 - Power of Attorney: Form of power of attorney if included in the agreement
Authors
Banking and Financial Services
Commercial Lending
Manufacturing
Retail
Construction
Healthcare
Technology
Telecommunications
Professional Services
International Trade
Asset Management
Factoring and Invoice Financing
Legal
Finance
Treasury
Credit Control
Accounts Receivable
Risk Management
Corporate Finance
Commercial Operations
Company Secretarial
Debt Collection
Trade Finance
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Commercial Director
Credit Manager
Accounts Receivable Manager
Risk Manager
Corporate Finance Manager
Business Development Director
Financial Controller
Company Secretary
Debt Collection Manager
Trade Finance Manager
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