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Assignment Of Security Agreement
"I need an Assignment of Security Agreement under Hong Kong law for transferring security interests over commercial property from ABC Bank Limited to XYZ Finance Corporation, with completion scheduled for March 15, 2025."
1. Parties: Identifies and defines the Assignor (current holder of security interest), Assignee (recipient of security interest), and Original Debtor
2. Background: Recitals explaining the original security agreement, the reason for assignment, and summarizing the transaction
3. Definitions and Interpretation: Defines key terms used in the agreement and sets out interpretation rules
4. Assignment: Core provision detailing the assignment of rights, title, and interest in the security agreement
5. Consideration: States the consideration being paid for the assignment
6. Representations and Warranties: Assignor's representations regarding ownership, right to assign, and status of security interest
7. Perfection: Requirements for perfecting the assignment including registration and notice requirements
8. Further Assurance: Obligations to execute further documents and take additional steps if needed
9. Costs and Expenses: Allocation of costs related to the assignment including registration fees and stamp duty
10. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
11. Execution: Signature blocks and execution formalities
1. Consent of Original Debtor: Required when the original security agreement requires debtor's consent for assignment
2. Security Trust Provisions: Needed when the assignment involves multiple beneficiaries or syndicated facilities
3. Currency Provisions: Required when the assignment involves cross-border elements or multiple currencies
4. Tax Provisions: Detailed tax clauses needed when assignment has significant tax implications
5. Partial Assignment Provisions: Required when only part of the security interest is being assigned
6. Notice and Communications: Detailed notice provisions needed for complex transactions or multiple parties
7. Successor and Assigns: Additional provisions regarding future transfers, if permitted
1. Original Security Agreement: Copy of the security agreement being assigned
2. Form of Notice to Debtor: Template notice informing debtor of the assignment
3. Existing Security Details: List of all security interests and registrations being transferred
4. Properties Schedule: Details of any real property or specific assets subject to the security
5. Required Consents: List of required consents and their status
6. Filing and Registration Requirements: Checklist of necessary filings and registrations for the assignment
Authors
Banking
Financial Services
Real Estate
Private Equity
Asset Management
Corporate Lending
Investment Banking
Insurance
Commercial Property
Infrastructure
Manufacturing
Trading Companies
Legal
Finance
Compliance
Risk Management
Corporate Secretarial
Credit Administration
Transaction Management
Portfolio Management
Security Administration
Corporate Finance
Legal Counsel
Corporate Lawyer
Finance Director
Chief Financial Officer
Security Trustee
Compliance Officer
Risk Manager
Transaction Manager
Portfolio Manager
Corporate Secretary
Banking Officer
Credit Manager
Investment Manager
Security Agent
Finance Manager
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