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Assignment Of Payment Agreement
"I need an Assignment of Payment Agreement to transfer my company's receivables (valued at INR 50 lakhs) from our software development contracts to a factoring company, with the assignment to be effective from March 1, 2025; this should include provisions for notice to multiple debtors and electronic payment mechanisms."
1. Parties: Identifies the Assignor, Assignee, and any other relevant parties including the original debtor
2. Background: Explains the context of the assignment, including details of the original agreement giving rise to the payment rights
3. Definitions: Defines key terms used throughout the agreement
4. Assignment: Core clause specifying the payment rights being assigned and the terms of assignment
5. Consideration: Details the payment or other consideration for the assignment
6. Effective Date: Specifies when the assignment takes effect
7. Assignor's Representations and Warranties: Warranties regarding ownership of rights, authority to assign, and absence of encumbrances
8. Notice and Payment Instructions: Procedures for notifying the debtor and details of where future payments should be made
9. Further Assurance: Obligation to execute additional documents or take actions necessary to effect the assignment
10. Governing Law and Jurisdiction: Specifies Indian law as governing law and sets jurisdiction for disputes
1. Security: Include when additional security is provided for the assigned payments
2. Multiple Assignors: Include when there are multiple parties assigning payment rights
3. Recourse: Include to specify whether the assignment is with or without recourse to the assignor
4. Anti-Assignment Provisions: Include when addressing existing restrictions on assignment in the original agreement
5. Partial Assignment: Include when only a portion of payment rights are being assigned
6. Collection Procedures: Include when specific collection procedures need to be established
7. Confidentiality: Include when sensitive commercial information is involved
1. Schedule 1 - Details of Original Agreement: Copy or key details of the agreement giving rise to the payment rights
2. Schedule 2 - Assigned Payment Rights: Detailed description of the payment rights being assigned, including amounts, dates, and any conditions
3. Schedule 3 - Payment Instructions: Detailed banking and payment routing information
4. Schedule 4 - Form of Notice to Debtor: Template notice to be sent to the debtor informing them of the assignment
5. Appendix A - Supporting Documents: Copies of relevant supporting documentation, such as board resolutions or power of attorney
Authors
Financial Services
Banking
Manufacturing
Construction
Information Technology
Healthcare
Real Estate
Infrastructure
Retail
Telecommunications
Professional Services
Energy and Utilities
Legal
Finance
Treasury
Accounts Receivable
Credit Control
Risk Management
Commercial Operations
Corporate Secretarial
Compliance
Chief Financial Officer
Finance Manager
Legal Counsel
Corporate Lawyer
Accounts Receivable Manager
Treasury Manager
Credit Controller
Contract Manager
Financial Controller
Commercial Director
Risk Manager
Company Secretary
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