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Collateral Access Agreement
"I need a Collateral Access Agreement under Irish law for a manufacturing facility where ABC Bank plc will have access rights to machinery and equipment serving as collateral for a €5M facility, with strict safety protocols due to hazardous materials on site."
1. Parties: Identification of all parties to the agreement including the collateral provider, secured party, and any custodian or agent
2. Background: Context of the agreement including reference to related security agreements and the purpose of the collateral arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. Grant of Access Rights: Scope and nature of access rights granted to the secured party
5. Access Procedures: Detailed procedures for requesting and obtaining access to the collateral
6. Security and Safety Requirements: Mandatory security protocols and safety measures during access
7. Representatives and Authorization: Designation of authorized representatives and verification procedures
8. Notifications: Requirements and procedures for all notices between parties
9. Liability and Indemnification: Allocation of risks and responsibilities between parties
10. Term and Termination: Duration of the agreement and termination provisions
11. Governing Law and Jurisdiction: Specification of Irish law as governing law and jurisdiction for disputes
1. Insurance Requirements: Additional insurance obligations for accessing party, used when access involves valuable or sensitive collateral
2. Third-Party Rights: Provisions regarding rights of third parties, needed when multiple secured parties or custodians are involved
3. Emergency Access Provisions: Special procedures for emergency access, important for time-sensitive collateral
4. Regulatory Compliance: Specific regulatory requirements, needed for regulated entities or sensitive locations
5. Data Protection: Provisions for handling personal or sensitive data, required when access involves data or records
6. Environmental Compliance: Environmental obligations, needed when access involves industrial or potentially hazardous sites
7. Force Majeure: Provisions for circumstances beyond parties' control, important for long-term arrangements
1. Schedule 1 - Collateral Location Details: Specific details of all locations where collateral is held
2. Schedule 2 - Authorized Representatives: List of authorized representatives and their contact details
3. Schedule 3 - Access Request Form: Standard form for requesting access to collateral
4. Schedule 4 - Security Protocols: Detailed security procedures and requirements
5. Schedule 5 - Insurance Requirements: Specific insurance requirements and minimum coverage levels
6. Appendix A - Site Maps: Maps and layout plans of collateral locations
7. Appendix B - Emergency Procedures: Detailed procedures for emergency access situations
Authors
Banking
Financial Services
Asset Management
Real Estate
Manufacturing
Warehousing and Logistics
Commercial Lending
Investment Banking
Private Equity
Insurance
Industrial
Agriculture
Legal
Risk Management
Operations
Compliance
Treasury
Security
Credit
Finance
Property Management
Asset Management
Facilities Management
Legal Counsel
Security Trustee
Collateral Manager
Risk Manager
Facility Manager
Credit Officer
Operations Manager
Compliance Officer
Treasury Manager
Security Manager
Property Manager
Asset Manager
Contract Administrator
Finance Director
Chief Financial Officer
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