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Pledge Security Agreement
"I need a Pledge Security Agreement under Nigerian law to secure a USD 5 million loan facility for my manufacturing company, with security over equipment, inventory, and receivables, to be executed by March 2025."
1. Parties: Identification of the Pledgor and Pledgee with full legal names and addresses
2. Background: Context of the security arrangement and reference to any underlying credit facility or main agreement
3. Definitions: Definitions of key terms used throughout the agreement, including specific Nigerian legal terminology
4. Grant of Security Interest: Express creation of the security interest and detailed description of pledged assets
5. Secured Obligations: Definition and scope of the obligations being secured by the pledge
6. Representations and Warranties: Pledgor's confirmations regarding ownership, authority, and status of pledged assets
7. Covenants: Ongoing obligations of the Pledgor regarding maintenance and preservation of pledged assets
8. Perfection Requirements: Requirements for registration with National Collateral Registry and other perfection steps
9. Events of Default: Circumstances constituting default under the agreement
10. Enforcement: Rights and remedies of the Pledgee upon default, compliant with Nigerian law
11. Power of Attorney: Appointment of Pledgee as Pledgor's attorney for enforcement purposes
12. Notices: Process and requirements for giving notices under the agreement
13. Governing Law and Jurisdiction: Confirmation of Nigerian law as governing law and jurisdiction of Nigerian courts
1. Security Margin: Required where the pledge involves securities or assets with fluctuating value
2. Income and Voting Rights: Required for pledges of shares or securities to address corporate rights
3. Insurance: Required where pledged assets need to be insured
4. Further Assurance: Optional clause requiring Pledgor to execute additional documents if needed
5. Currency Provisions: Required where secured obligations are in foreign currency
6. Tax Provisions: Required where tax implications need specific addressing
7. Third Party Rights: Optional clause addressing rights of third parties under the agreement
1. Schedule 1 - Pledged Assets: Detailed description and identification of all assets subject to the pledge
2. Schedule 2 - Secured Obligations: Detailed description of the underlying obligations being secured
3. Schedule 3 - Form of Notice of Pledge: Template for notifying relevant parties of the pledge
4. Schedule 4 - Perfection Requirements: Specific steps and documents required for perfection
5. Schedule 5 - Enforcement Procedures: Detailed procedures for enforcement compliant with Nigerian law
6. Appendix A - Required Forms: Forms required for registration with National Collateral Registry
7. Appendix B - Powers of Attorney: Form of power of attorney for enforcement purposes
Authors
Banking & Financial Services
Oil & Gas
Manufacturing
Agriculture & Agribusiness
Trading & Commerce
Real Estate
Infrastructure
Telecommunications
Mining
Transport & Logistics
Legal
Finance
Risk Management
Treasury
Compliance
Credit
Commercial
Corporate Secretariat
Banking
Operations
Legal Counsel
Finance Manager
Credit Risk Officer
Corporate Treasurer
Compliance Officer
Security Trustee
Loan Officer
Transaction Manager
Chief Financial Officer
Company Secretary
Risk Manager
Collateral Manager
Commercial Director
Banking Relationship Manager
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