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Deed Of Charge And Assignment
"I need a Deed of Charge and Assignment for creating security over my manufacturing company's assets (including plant, machinery, and receivables) in favor of State Bank of India for a term loan of INR 50 crores, with the security to be effective from March 1, 2025."
1. Parties: Identifies and defines the chargor/assignor, chargee/assignee, and any other relevant parties to the deed
2. Background: Sets out the context of the security creation, including reference to any facility agreements or underlying obligations
3. Definitions and Interpretation: Defines key terms used in the deed and establishes interpretation principles
4. Creation of Charge and Assignment: Core section establishing the security interest, specifying the nature of the charge (fixed/floating) and assignment
5. Secured Obligations: Defines the obligations being secured by the charge and assignment
6. Representations and Warranties: Statements of fact and assurances given by the chargor/assignor regarding their authority and the charged assets
7. Covenants: Ongoing obligations of the chargor/assignor regarding the charged assets and maintenance of security
8. Events of Default: Circumstances that trigger enforcement rights
9. Enforcement: Rights and remedies of the chargee/assignee upon default
10. Power of Attorney: Appointment of the chargee/assignee as attorney for protecting/enforcing security interests
11. Further Assurance: Obligation to execute additional documents or take actions to perfect security
12. Notices: Process for giving notices under the deed
13. Miscellaneous: Standard boilerplate provisions including severability, amendments, counterparts
14. Governing Law and Jurisdiction: Specifies Indian law as governing law and jurisdiction for disputes
1. Intercreditor Provisions: Required when multiple creditors are involved, establishing priority and enforcement rights
2. Special Provisions for Immovable Property: Additional provisions required when the charged assets include immovable property
3. Registration Requirements: Specific section on registration obligations when charged assets require special registrations
4. Insurance: Detailed insurance requirements for charged assets where applicable
5. Bank Account Charges: Specific provisions for charges over bank accounts if included
6. Intellectual Property Rights: Special provisions for charging/assigning intellectual property
7. Release and Reassignment: Provisions for releasing security upon discharge of secured obligations
1. Schedule 1 - Charged Assets: Detailed description of all assets subject to the charge and assignment
2. Schedule 2 - Underlying Documents: List and details of facility agreements or other documents creating the secured obligations
3. Schedule 3 - Form of Notice: Template notices to third parties regarding the charge/assignment
4. Schedule 4 - Powers of Attorney: Specific powers granted under the power of attorney
5. Schedule 5 - Properties: Details of any immovable properties included in the security
6. Schedule 6 - Bank Accounts: List of charged bank accounts and their details
7. Schedule 7 - Intellectual Property: Details of any intellectual property rights being charged/assigned
8. Appendix A - Registration Requirements: Checklist of registration requirements for different types of charged assets
Authors
Banking and Financial Services
Real Estate and Construction
Manufacturing
Infrastructure
Technology and Software
Healthcare
Energy and Utilities
Telecommunications
Retail and Consumer Goods
Agriculture and Agribusiness
Mining and Natural Resources
Transportation and Logistics
Legal
Finance
Treasury
Corporate Secretarial
Risk Management
Compliance
Credit
Corporate Banking
Transaction Management
Security Administration
Chief Financial Officer
Finance Director
Legal Counsel
Company Secretary
Corporate Lawyer
Finance Manager
Treasury Manager
Risk Manager
Compliance Officer
Security Trustee
Facility Agent
Credit Manager
Corporate Banking Officer
Legal Director
Transaction Manager
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