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Security Trust Agreement
"I need a Security Trust Agreement under Malaysian law for a syndicated facility involving five banks, where ABC Bank will act as security trustee holding security over the borrower's manufacturing assets and real estate, with the facility expected to close by March 2025."
1. Parties: Identifies the security trustee, security provider(s), and beneficiaries
2. Background: Explains the context of the security arrangement and purpose of the trust
3. Definitions and Interpretation: Defines key terms and interpretation principles
4. Appointment and Declaration of Trust: Establishes the trust and appointment of the security trustee
5. Security Trust: Details the creation and nature of the security trust
6. Secured Obligations: Defines the obligations secured by the trust arrangement
7. Security Assets: Describes the assets subject to the security
8. Powers and Duties of the Security Trustee: Sets out the trustee's authority and responsibilities
9. Representations and Warranties: Contains standard representations from all parties
10. Enforcement: Details enforcement rights and procedures
11. Application of Proceeds: Specifies how recovered amounts are to be distributed
12. Trustee Liability and Indemnity: Limits trustee liability and provides for indemnification
13. Costs and Expenses: Allocates responsibility for costs
14. Termination: Sets out circumstances and process for terminating the trust
15. Governing Law and Jurisdiction: Specifies applicable law and dispute resolution
1. Parallel Debt: Required in certain jurisdictions to create direct rights for the security trustee
2. Priority Arrangements: Needed when there are multiple creditors with different priority rights
3. Additional Security Provider Provisions: Required when multiple security providers are involved
4. Security Agent Provisions: Used when a separate security agent is appointed
5. Accession Mechanics: Required when new parties may join the arrangement
6. Intercreditor Provisions: Needed when dealing with multiple classes of creditors
7. Tax Provisions: Detailed tax provisions where specific tax implications need addressing
8. Currency Provisions: Required for multi-currency facilities
1. Security Assets Schedule: Detailed description of all assets subject to the security
2. Form of Accession Deed: Template for new parties joining the arrangement
3. Security Trustee Fee Schedule: Details of the trustee's fees and payment arrangements
4. Administrative Details: Contact details and administrative procedures
5. Form of Security Provider Accession: Template for additional security providers
6. Form of Beneficiary Accession: Template for additional beneficiaries
7. Security Trust Operating Procedures: Detailed procedures for trust administration
8. Form of Security Release Notice: Template for releasing security interests
Authors
Banking
Financial Services
Corporate Finance
Real Estate
Infrastructure
Manufacturing
Energy
Mining
Telecommunications
Construction
Asset Management
Investment Banking
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretariat
Trust Administration
Credit
Transaction Management
Security Administration
Legal Counsel
Corporate Lawyer
Finance Director
Treasury Manager
Compliance Officer
Security Trustee Officer
Transaction Manager
Risk Manager
Corporate Secretary
Trust Administrator
Facility Agent
Security Agent
Investment Manager
Credit Manager
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