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Collateral Assignment Of Beneficial Interest
"I need a Collateral Assignment of Beneficial Interest agreement under Indian law where my investment firm is assigning beneficial interests in a real estate trust as security for a 5-year term loan facility closing on March 15, 2025, with enforcement rights exercisable only after a 30-day cure period."
1. Parties: Identification of the Assignor (holder of beneficial interest), Assignee (secured party), and any other relevant parties such as trustees
2. Background: Context of the assignment, including details of the underlying beneficial interest and the obligation being secured
3. Definitions: Definitions of key terms used throughout the agreement, including 'Beneficial Interest', 'Security Obligation', 'Enforcement Event'
4. Assignment: Core provisions detailing the collateral assignment of the beneficial interest as security
5. Nature and Extent of Security: Detailed description of what is being assigned and the extent of the security interest created
6. Representations and Warranties: Assignor's statements regarding ownership, right to assign, and absence of encumbrances on the beneficial interest
7. Covenants: Ongoing obligations of the Assignor regarding the beneficial interest and maintaining the security
8. Rights and Obligations: Respective rights and obligations of both parties during the security period
9. Events of Default: Circumstances that constitute default and trigger enforcement rights
10. Enforcement: Mechanisms and procedures for enforcing the security interest upon default
11. Term and Termination: Duration of the assignment and conditions for termination
12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
1. Trust Acknowledgment: Required when the beneficial interest is held under a trust arrangement, including acknowledgment from trustees
2. Registration Requirements: Include when the assignment requires registration under applicable laws
3. Power of Attorney: Optional section granting specific powers to the Assignee for dealing with the beneficial interest
4. Tax Provisions: Include when there are specific tax implications that need to be addressed
5. Further Assurance: Optional section requiring parties to execute additional documents if needed
6. Notices: Include when formal notice procedures need to be established between parties
1. Schedule 1 - Description of Beneficial Interest: Detailed description of the beneficial interest being assigned, including any underlying assets or rights
2. Schedule 2 - Secured Obligations: Details of the obligations being secured by the assignment
3. Schedule 3 - Form of Notice: Template notices for various communications required under the agreement
4. Schedule 4 - Existing Encumbrances: List of any existing encumbrances or limitations on the beneficial interest
5. Appendix A - Required Consents: Copies or forms of any required consents from trustees or other parties
6. Appendix B - Registration Requirements: Details of any registration requirements and procedures
Authors
Financial Services
Banking
Investment Management
Real Estate
Private Equity
Trust Services
Corporate Finance
Insurance
Asset Management
Wealth Management
Legal
Finance
Compliance
Risk Management
Corporate Secretarial
Trust Administration
Investment Operations
Transaction Management
Portfolio Administration
Security Operations
Legal Counsel
Finance Director
Trust Officer
Investment Manager
Security Trustee
Compliance Officer
Risk Manager
Corporate Lawyer
Transaction Manager
Portfolio Manager
Asset Manager
Trust Administrator
Financial Controller
Company Secretary
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