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Security Trust Deed
"I need a Security Trust Deed for a syndicated loan facility closing on March 15, 2025, where multiple international banks are lending to an Indian infrastructure company, with the security package including both movable and immovable assets."
1. Parties: Identifies the key parties: Security Trustee, Security Provider(s), Beneficiaries/Secured Parties
2. Background: Context of the security arrangement, underlying transactions, and purpose of the trust
3. Definitions and Interpretation: Defines key terms and interpretation principles used throughout the deed
4. Declaration of Trust: Establishes the trust, appointment of trustee, and nature of the security trust
5. Security Trust: Details of trust property, beneficiary interests, and trust mechanisms
6. Security Trustee Powers and Duties: Comprehensive list of trustee's powers, responsibilities, and duties
7. Rights and Obligations of Beneficiaries: Sets out beneficiaries' rights, obligations, and their relationship with the trustee
8. Security Interest Provisions: Nature and extent of security interests, creation and perfection requirements
9. Enforcement: Triggers for enforcement and process for executing security interests
10. Priority and Distribution: Order of priority and distribution of proceeds among beneficiaries
11. Remuneration and Indemnity: Trustee's fees, costs, and indemnification provisions
12. Term and Termination: Duration of the trust and circumstances for termination
13. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Parallel Debt: Required when dealing with jurisdictions where trust concepts are not recognized
2. Security Agent Provisions: Added when the trustee also acts as security agent in certain jurisdictions
3. Intercreditor Provisions: Required when multiple classes of creditors are involved with different priorities
4. Tax Provisions: Detailed tax clauses when complex tax implications exist for the trust structure
5. Currency Provisions: Required for cross-border transactions involving multiple currencies
6. Syndication Provisions: Added when the beneficiaries' rights may be syndicated or transferred
7. Special Purpose Vehicle Provisions: Required when the security provider is an SPV with specific covenants
1. List of Beneficiaries: Details of all initial beneficiaries and their respective interests
2. Security Assets: Comprehensive list and description of all secured assets
3. Forms of Accession/Transfer: Standard forms for new beneficiaries to join or transfer interests
4. Fee Schedule: Detailed breakdown of trustee's fees and payment terms
5. Security Documents: List and copies of all related security documents
6. Notice Forms: Standard forms for various notices required under the deed
7. Distribution Waterfall: Detailed order of priority for distribution of proceeds
8. Enforcement Procedures: Detailed procedures for enforcement of security interests
Authors
Banking
Financial Services
Infrastructure
Real Estate
Manufacturing
Energy
Telecommunications
Healthcare
Mining
Transportation
Construction
Private Equity
Asset Management
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretarial
Investment Banking
Debt Capital Markets
Structured Finance
Trust Services
Security Administration
Transaction Management
Legal Counsel
Finance Director
Corporate Treasurer
Trust Manager
Security Trustee Officer
Compliance Officer
Risk Manager
Transaction Manager
Corporate Secretary
Chief Financial Officer
Investment Manager
Debt Capital Markets Manager
Structured Finance Manager
Bond Trustee Officer
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