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Collateral Trust Agreement
"I need a Collateral Trust Agreement for a syndicated loan facility involving multiple Pakistani banks, where the trust will hold mixed collateral including real estate and securities, with the agreement needing to be compliant with both conventional and Islamic banking principles."
1. Parties: Identification of the grantor, trustee, secured parties, and any other relevant parties to the agreement
2. Background: Context of the agreement, including reference to related credit facilities and purpose of the trust arrangement
3. Definitions: Comprehensive definitions of terms used throughout the agreement, including specific Pakistani legal terminology
4. Appointment of Trustee: Formal appointment of the trustee and acceptance of the trust
5. Declaration of Trust: Establishment of the trust and specification of trust property
6. Collateral Requirements: Description of eligible collateral, valuation methods, and maintenance requirements
7. Deposit and Withdrawal of Collateral: Procedures for depositing and withdrawing collateral from the trust
8. Rights and Duties of Trustee: Detailed responsibilities, powers, and limitations of the trustee's authority
9. Representations and Warranties: Standard representations by all parties regarding capacity, authority, and compliance
10. Events of Default: Circumstances constituting default and resulting consequences
11. Enforcement: Procedures for enforcing security interests and liquidating collateral
12. Fees and Expenses: Trustee compensation and allocation of costs
13. Indemnification: Protection of trustee and other parties from claims and losses
14. Term and Termination: Duration of the agreement and circumstances for termination
15. Governing Law and Jurisdiction: Specification of Pakistani law and jurisdiction for disputes
1. Shariah Compliance: Required when the agreement needs to comply with Islamic banking principles
2. Multiple Secured Parties: Additional provisions for managing multiple beneficiaries and their respective interests
3. Foreign Currency Provisions: Required when collateral includes foreign currency assets or international transactions
4. Insurance Requirements: Specific insurance provisions for physical collateral
5. Successor Trustee: Procedures for appointing replacement trustees
6. Electronic Communications: Provisions for electronic notifications and documentation
7. Tax Provisions: Specific tax considerations and allocations when significant tax implications exist
1. Schedule of Secured Parties: List of all secured parties and their respective interests
2. Schedule of Initial Collateral: Detailed description of initial collateral deposited in trust
3. Schedule of Fees: Detailed breakdown of trustee fees and other charges
4. Schedule of Authorized Representatives: List of persons authorized to act on behalf of each party
5. Form of Collateral Addition Notice: Standard form for notifying additions to collateral
6. Form of Collateral Release Notice: Standard form for requesting release of collateral
7. Form of Secured Party Accession: Template for adding new secured parties to the agreement
8. Eligibility Criteria: Detailed criteria for acceptable collateral
Authors
Banking and Financial Services
Islamic Banking
Corporate Lending
Investment Banking
Trust Services
Legal Services
Asset Management
Securities Services
Corporate Treasury
Real Estate Finance
Project Finance
Legal
Finance
Risk Management
Compliance
Treasury
Credit Administration
Islamic Banking
Corporate Banking
Transaction Management
Trust Services
Securities Services
Documentation
Trust Officer
Legal Counsel
Corporate Lawyer
Finance Manager
Credit Risk Manager
Compliance Officer
Treasury Manager
Security Trustee
Transaction Manager
Banking Operations Manager
Islamic Banking Specialist
Collateral Manager
Senior Legal Counsel
Chief Financial Officer
Risk Officer
Documentation Specialist
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