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Trust Deed And Note
"I need a Trust Deed and Note for a Nigerian infrastructure project where a corporate trustee will hold assets worth 50 million Naira as security for noteholders, with the notes maturing in March 2025."
1. Parties: Identification of the Settlor, Trustee(s), and Beneficiaries
2. Background: Recitals explaining the context and purpose of the trust and note arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Declaration of Trust: Formal declaration establishing the trust and its initial property
5. Note Terms: Principal terms of the note including amount, interest rate, and payment terms
6. Powers and Duties of Trustees: Comprehensive listing of trustee powers and obligations
7. Trust Administration: Procedures for managing the trust and making distributions
8. Security and Enforcement: Security arrangements and enforcement mechanisms for the note
9. Payment Provisions: Detailed payment mechanics and procedures
10. Events of Default: Circumstances constituting default and consequent remedies
11. Representations and Warranties: Standard representations and warranties by all parties
12. Termination: Conditions and procedures for terminating the trust
13. Governing Law and Jurisdiction: Confirmation of Nigerian law governance and jurisdiction
1. Investment Powers: Detailed investment guidelines and restrictions - include if trust involves significant investment activity
2. Trustee Remuneration: Terms of trustee compensation - include if trustees are to be paid
3. Successor Trustee Provisions: Procedures for appointing successor trustees - include for long-term trusts
4. Tax Provisions: Specific tax handling instructions - include if complex tax implications exist
5. Security Trustee Provisions: Additional provisions if a security trustee is appointed
6. Note Transfer Provisions: Include if the note is intended to be transferable
7. Meetings of Noteholders: Include if multiple noteholders are contemplated
8. Indemnification: Detailed indemnification provisions - include for complex trust arrangements
1. Schedule 1 - Trust Property: Detailed description of initial trust property and note terms
2. Schedule 2 - Form of Note: Template of the actual note document
3. Schedule 3 - Beneficiary Details: Full details of beneficiaries and their respective interests
4. Schedule 4 - Investment Guidelines: Detailed investment parameters and restrictions
5. Schedule 5 - Fee Schedule: Breakdown of all applicable fees and charges
6. Appendix A - Required Notices: Forms of notices required under the deed
7. Appendix B - Transfer Procedures: Procedures and forms for transferring notes or beneficial interests
8. Appendix C - Security Documents: Forms of security documents and perfection requirements
Authors
Banking and Finance
Real Estate
Investment Management
Securities and Capital Markets
Energy and Natural Resources
Infrastructure Development
Family Business
Corporate Finance
Asset Management
Private Equity
Legal
Finance
Compliance
Treasury
Corporate Secretariat
Risk Management
Investment
Trust Administration
Corporate Finance
Securities and Trading
Trust Manager
Legal Counsel
Corporate Trustee
Finance Director
Investment Manager
Compliance Officer
Company Secretary
Risk Manager
Treasury Manager
Corporate Finance Manager
Securities Officer
Trust Administrator
Financial Controller
Asset Manager
Investment Banker
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