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Pledge Agreement
"I need a Pledge Agreement under New Zealand law to secure a USD 5 million loan to my manufacturing company, with our warehouse inventory and equipment serving as collateral."
1. Parties: Identifies and defines the pledgor (party giving the pledge) and pledgee (party receiving the pledge), including full legal names and addresses
2. Background: Sets out the context of the pledge agreement, including the underlying transaction or relationship necessitating the pledge
3. Definitions: Defines key terms used throughout the agreement, including 'Pledged Property', 'Secured Obligations', and other relevant terms
4. Grant of Pledge: Core section establishing the pledge, describing the property being pledged and confirming the creation of the security interest
5. Secured Obligations: Details the obligations being secured by the pledge, including any referenced agreements or specific debts
6. Representations and Warranties: Pledgor's confirmations regarding ownership, authority to pledge, and status of pledged property
7. Covenants: Ongoing obligations of the pledgor regarding maintenance, insurance, and preservation of the pledged property
8. Events of Default: Specifies circumstances constituting default and triggering enforcement rights
9. Enforcement: Details pledgee's rights and remedies upon default, including power of sale
10. Release of Pledge: Conditions and process for releasing the pledge once secured obligations are satisfied
11. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Security Perfection: Required when registration on the PPSR is necessary, detailing registration requirements and maintenance
2. Income and Voting Rights: Include when pledged property consists of shares or other securities with associated rights
3. Insurance Requirements: Include when pledged property requires specific insurance coverage
4. Custodian Provisions: Required when a third-party custodian will hold the pledged property
5. Foreign Law Compliance: Include when pledge involves cross-border elements or foreign property
6. Tax Provisions: Include when there are specific tax implications or requirements related to the pledge
1. Schedule 1 - Description of Pledged Property: Detailed description and/or inventory of all property subject to the pledge
2. Schedule 2 - Form of Notice of Pledge: Template for notifying relevant third parties of the pledge's existence
3. Schedule 3 - Secured Obligations: Detailed list or description of the obligations secured by the pledge
4. Appendix A - Required Filings and Registrations: List of all necessary registrations and filings to perfect the pledge
5. Appendix B - Form of Release: Template document for releasing the pledge upon satisfaction of obligations
Authors
Banking
Financial Services
Investment Management
Asset Management
Real Estate
Manufacturing
Trading
Commodities
Insurance
Private Equity
Venture Capital
Agriculture
Mining
Technology
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretariat
Credit
Investment
Asset Management
Commercial Operations
Legal Counsel
Finance Manager
Chief Financial Officer
Treasurer
Risk Manager
Compliance Officer
Security Trustee
Corporate Lawyer
Banking Officer
Credit Manager
Investment Manager
Asset Manager
Company Secretary
Commercial Director
Financial Controller
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