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Collateral Trust Agreement

Collateral Trust Agreement Template for India

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Key Requirements PROMPT example:

Collateral Trust Agreement

"I need a Collateral Trust Agreement under Indian law for a syndicated loan facility closing on March 15, 2025, where multiple lenders require a trust structure to hold real estate and shares as collateral, with quarterly reporting requirements and provisions for collateral substitution."

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Document background
The Collateral Trust Agreement is essential in structured finance and secured lending transactions in India, particularly where multiple lenders or beneficiaries are involved. This document becomes necessary when parties seek to establish a trust structure to hold and manage collateral securing various obligations efficiently. It operates within India's legal framework, particularly the Indian Trusts Act, 1882, and relevant financial regulations. The agreement details the creation of the trust, appointment of the trustee, procedures for holding and managing collateral, rights and responsibilities of all parties, and enforcement mechanisms. It's commonly used in syndicated lending, bond issuances, and other complex financial transactions where centralized collateral management is desired.
Suggested Sections

1. Parties: Identifies all parties to the agreement including the trustor/grantor, trustee, and beneficiaries

2. Background: Sets out the context and purpose of the trust arrangement and the intention to create a security interest

3. Definitions: Defines key terms used throughout the agreement

4. Trust Creation and Declaration: Establishes the trust, defines its purpose, and declares the trustee's acceptance

5. Collateral Description and Delivery: Describes the nature of collateral and process for delivery to trustee

6. Rights and Obligations of Trustee: Details the trustee's duties, powers, and responsibilities in managing the collateral

7. Rights and Obligations of Grantor: Specifies the grantor's ongoing obligations and rights regarding the collateral

8. Rights of Beneficiaries: Outlines the beneficiaries' rights and their priority in claiming against the collateral

9. Representations and Warranties: Contains standard and specific representations from all parties

10. Events of Default: Defines circumstances constituting default and consequences

11. Enforcement and Remedies: Details the procedures for enforcing security and available remedies

12. Income and Distributions: Governs the handling of income generated from collateral and distribution procedures

13. Expenses and Indemnification: Addresses trust expenses and indemnification of trustee

14. Term and Termination: Specifies duration of the trust and termination circumstances

15. Governing Law and Jurisdiction: Specifies applicable law and jurisdiction for disputes

16. Notices: Sets out how formal communications between parties should be made

17. Miscellaneous: Contains standard boilerplate provisions

Optional Sections

1. Security Interest Registration: Required when collateral requires registration under specific laws

2. Custody Arrangements: Needed when third-party custodian is involved in holding collateral

3. Insurance Requirements: Required when collateral must be insured

4. Substitution of Collateral: Include when collateral substitution rights are granted

5. Co-Trustee Provisions: Required when multiple trustees are appointed

6. Foreign Currency Provisions: Needed when dealing with international parties or foreign currency collateral

7. Tax Provisions: Include detailed tax provisions when complex tax implications exist

8. Voting Rights: Required when collateral includes securities with voting rights

9. Electronic Records and Signatures: Include when parties agree to electronic documentation

Suggested Schedules

1. Schedule of Collateral: Detailed description and inventory of all collateral assets

2. Form of Transfer Documentation: Standard forms for transferring collateral to trust

3. Schedule of Fees: Trustee's fee structure and payment terms

4. Operating Procedures: Detailed procedures for collateral management and administration

5. Form of Beneficiary Certificate: Template for beneficiary claims or certifications

6. Authorized Signatories: List of authorized representatives for each party

7. Form of Notice of Default: Standard form for declaring events of default

8. Reporting Requirements: Templates and schedules for required reports

9. Initial Beneficiary Schedule: List of initial beneficiaries and their respective interests

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions





































































Clauses







































Relevant Industries

Banking

Financial Services

Investment Management

Real Estate

Infrastructure

Manufacturing

Energy

Telecommunications

Healthcare

Mining and Natural Resources

Relevant Teams

Legal

Finance

Risk Management

Compliance

Treasury

Corporate Finance

Credit

Trust Services

Securities Operations

Transaction Management

Relevant Roles

Chief Legal Officer

Legal Counsel

Finance Director

Chief Financial Officer

Risk Manager

Compliance Officer

Trust Officer

Security Trustee

Collateral Manager

Treasury Manager

Corporate Finance Manager

Investment Officer

Credit Risk Officer

Transaction Manager

Company Secretary

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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