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Cash Collateral Agreement Template for Nigeria

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Key Requirements PROMPT example:

Cash Collateral Agreement

"I need a Cash Collateral Agreement governed by Nigerian law for a syndicated lending arrangement where multiple banks will hold security over USD 5 million cash collateral, with ABC Bank Limited acting as security trustee; the agreement needs to be completed by March 2025."

Document background
The Cash Collateral Agreement is a critical security document used in Nigerian banking and financing transactions where cash deposits serve as collateral for various obligations. This document is commonly utilized in lending arrangements, trading relationships, and other financial transactions where a secured party requires liquid security. The agreement must comply with Nigerian secured transactions legislation, particularly the Secured Transactions in Movable Assets Act 2017 and the Banks and Other Financial Institutions Act 2020. It typically includes detailed provisions on collateral maintenance, interest arrangements, enforcement rights, and release conditions. The document is essential for financial institutions managing credit risk and for businesses seeking to provide liquid security for their obligations.
Suggested Sections

1. Parties: Identification of the collateral provider and the secured party

2. Background: Context of the agreement, including reference to any underlying obligations or facility agreements

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. Creation of Security Interest: Provisions establishing the security interest over the cash collateral

5. Perfection Requirements: Steps required to perfect the security interest under Nigerian law

6. Maintenance of Collateral: Requirements for maintaining the collateral amount and top-up provisions

7. Rights and Obligations: Detailed rights and obligations of both parties regarding the collateral

8. Representations and Warranties: Standard representations and warranties from both parties

9. Events of Default: Circumstances constituting default and consequences

10. Enforcement: Rights and procedures for enforcing the security interest

11. Interest and Payments: Provisions regarding interest on the collateral and payment mechanics

12. Duration and Release: Term of the agreement and conditions for release of collateral

13. Notices: Communication requirements and contact details

14. Governing Law and Jurisdiction: Specification of Nigerian law as governing law and jurisdiction provisions

Optional Sections

1. Currency Provisions: Required when collateral is provided in a currency different from the secured obligations

2. Tax Provisions: Detailed tax provisions when specific tax implications need to be addressed

3. Multiple Parties: Additional provisions required when there are multiple collateral providers or secured parties

4. Set-off Rights: Specific set-off provisions when parties have multiple relationships or accounts

5. Regulatory Compliance: Additional compliance provisions for regulated entities

6. Assignment and Transfer: Provisions governing transfer of rights when assignment is permitted

Suggested Schedules

1. Account Details: Details of the collateral account(s) and account bank

2. Collateral Amount: Specification of the initial and minimum collateral amounts

3. Notice Forms: Standard forms for various notices required under the agreement

4. Authorized Signatories: List of authorized signatories for each party

5. Security Registration Forms: Forms required for registration with relevant Nigerian authorities

6. Calculation Methods: Methods for calculating interest, top-up amounts, and other financial calculations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




































Clauses




























Relevant Industries

Banking

Financial Services

Insurance

Corporate Lending

Investment Services

Real Estate

Infrastructure

Oil and Gas

Manufacturing

Telecommunications

Trading and Commerce

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit

Corporate Banking

Securities Operations

Collateral Management

Transaction Management

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Legal Counsel

Compliance Officer

Risk Manager

Credit Manager

Banking Relationship Manager

Security Trustee

Corporate Treasurer

Financial Controller

Transaction Manager

Collateral Manager

Legal Director

Chief Risk Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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