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Property Collateral Agreement
"I need a Property Collateral Agreement under Swiss law for a commercial office building in Zurich being used as security for a 5-year term loan facility closing in March 2025, with special provisions for existing tenant rights and environmental compliance."
1. Parties: Identification of the parties: Collateral Provider, Secured Party, and any other relevant parties
2. Background: Context of the agreement, including reference to the underlying obligation being secured
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of Security Interest: Legal creation and nature of the security interest over the property
5. Property Description: Detailed description of the collateral property and its location
6. Secured Obligations: Description of the obligations being secured by the property
7. Representations and Warranties: Statements by the Collateral Provider about ownership, condition, and status of the property
8. Covenants: Ongoing obligations of the Collateral Provider regarding property maintenance and use
9. Registration and Perfection: Requirements for registering the security interest in the land registry
10. Events of Default: Circumstances constituting default under the agreement
11. Enforcement: Rights and procedures for enforcing the security interest upon default
12. Costs and Expenses: Allocation of costs related to the agreement and registration
13. Notices: Communication requirements between parties
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Insurance Requirements: Specific insurance obligations - include when property insurance is not covered in another agreement
2. Third Party Rights: Include when there are existing tenants or other rights holders
3. Environmental Provisions: Include for industrial properties or where environmental risks exist
4. Construction Provisions: Include when property is under development or construction
5. Multiple Properties: Special provisions for handling multiple properties as collateral
6. Cross-Default: Include when linking defaults to other agreements
7. Foreign Party Provisions: Include when any party is foreign, addressing Lex Koller requirements
1. Property Details Schedule: Detailed legal description, land registry excerpts, and property plans
2. Secured Obligations Schedule: Detailed list of secured obligations and their terms
3. Existing Encumbrances Schedule: List of existing mortgages, easements, or other encumbrances
4. Form of Land Registry Application: Template for land registry registration
5. Insurance Schedule: Details of required insurance coverage
6. Property Valuation Report: Recent valuation of the property by approved valuer
7. Powers of Attorney: Required powers of attorney for registration and enforcement
Authors
Banking & Financial Services
Real Estate
Construction & Development
Commercial Property
Industrial & Manufacturing
Hospitality & Tourism
Retail
Agriculture
Healthcare
Energy & Infrastructure
Legal
Real Estate
Finance
Risk Management
Compliance
Credit Administration
Corporate Banking
Property Management
Investment
Asset Management
Legal Counsel
Real Estate Lawyer
Finance Manager
Credit Risk Officer
Property Manager
Real Estate Development Manager
Compliance Officer
Security Trustee
Mortgage Specialist
Commercial Banking Manager
Real Estate Investment Manager
Asset Manager
Chief Financial Officer
Property Portfolio Manager
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