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Collateral Access Agreement
"I need a Collateral Access Agreement for a Malaysian bank acting as secured party, where the collateral consists of precious metals stored in multiple warehouse locations, with specific provisions for 24/7 emergency access rights and enhanced security protocols."
1. Parties: Identification of all parties to the agreement including the collateral provider, secured party, and custodian
2. Background: Context of the agreement, reference to primary facility agreements, and purpose of the collateral arrangement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules used throughout the agreement
4. Grant of Access Rights: Scope and nature of access rights granted to the secured party
5. Custodian Appointments and Authority: Appointment of custodian and scope of their authority regarding the collateral
6. Security and Access Procedures: Detailed procedures for accessing and handling the collateral
7. Representations and Warranties: Key representations and warranties from all parties
8. Confidentiality Obligations: Confidentiality requirements for all parties regarding the collateral and agreement
9. Liability and Indemnification: Allocation of risks and responsibilities between parties
10. Events of Default: Circumstances constituting default and consequences
11. Termination: Conditions and procedures for termination of the agreement
12. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
13. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Insurance Requirements: Required when the collateral needs specific insurance coverage
2. Digital Access Provisions: Required when collateral includes digital assets or electronic access is needed
3. Multiple Location Access: Required when collateral is stored in multiple locations
4. Third Party Rights: Required when there are potential third party interests in the collateral
5. Force Majeure: Optional clause for circumstances preventing access to collateral
6. Step-In Rights: Required when secured party needs direct control rights in certain circumstances
7. Regulatory Compliance: Required for regulated entities or specific types of collateral
1. Schedule 1 - Description of Collateral: Detailed description and categorization of all collateral covered
2. Schedule 2 - Authorized Personnel: List of personnel authorized to access the collateral
3. Schedule 3 - Access Procedures: Detailed operational procedures for accessing collateral
4. Schedule 4 - Security Protocols: Specific security measures and protocols
5. Schedule 5 - Notice Requirements: Forms and procedures for various notices under the agreement
6. Schedule 6 - Fee Schedule: Details of any fees payable to the custodian
7. Appendix A - Form of Access Request: Standard form for requesting access to collateral
8. Appendix B - Incident Report Template: Template for reporting security or access incidents
Authors
Banking
Financial Services
Asset Management
Investment Banking
Commercial Lending
Real Estate
Manufacturing
Commodities Trading
Logistics
Warehousing
Legal
Risk Management
Compliance
Security Operations
Treasury
Credit Administration
Operations
Finance
Facilities Management
Contract Management
Legal Counsel
Risk Manager
Compliance Officer
Security Manager
Operations Manager
Facility Manager
Treasury Manager
Credit Manager
Collateral Manager
Finance Director
Contract Administrator
Security Operations Officer
Due Diligence Officer
Asset Manager
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