The Assignment Of Proceeds Agreement is a crucial document used in various financial and commercial transactions under Dutch law where one party wishes to transfer its rights to receive certain payments to another party. This type of agreement is commonly utilized in project finance, receivables financing, security arrangements, and other structured finance transactions. The document must comply with Dutch legal requirements, including proper identification of the assigned rights, notification procedures, and perfection requirements under the Dutch Civil Code. It typically includes detailed information about the underlying payment obligations, mechanisms for transfer, and any conditions precedent to the assignment becoming effective. The agreement is particularly relevant in scenarios involving securitization, factoring arrangements, or where payment rights are being used as security for financing.
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1. Parties: Identification of the Assignor and Assignee with full legal names and addresses
2. Background: Context of the assignment, including reference to the underlying agreement giving rise to the proceeds
3. Definitions: Definitions of key terms used throughout the agreement, including 'Proceeds', 'Underlying Agreement', and 'Effective Date'
4. Assignment: Core provision detailing the assignment of proceeds, including the scope and nature of the assignment
5. Consideration: Details of any payment or other consideration for the assignment
6. Representations and Warranties: Assignor's confirmations regarding ownership, right to assign, and absence of encumbrances
7. Notification and Perfection: Requirements for notifying the debtor and perfecting the assignment under Dutch law
8. Payment Mechanics: Instructions for payment of assigned proceeds and bank account details
9. Further Assurance: Obligations to execute further documents and take additional steps if needed
10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Security Provisions: Required if the assignment is intended as security for other obligations
2. Tax Provisions: Include when there are specific tax implications or requirements for the assignment
3. Power of Attorney: Include when the assignee needs specific powers to act on behalf of the assignor
4. Partial Assignment Provisions: Required if only a portion of the proceeds are being assigned
5. Currency Conversion: Include when assigned proceeds are in a different currency from the assignment agreement
6. Additional Assignor Obligations: Include when specific ongoing obligations of the assignor need to be detailed
7. Confidentiality: Include when sensitive commercial information is involved
1. Schedule 1 - Details of Assigned Proceeds: Detailed description of the proceeds being assigned, including amounts, payment dates, and source
2. Schedule 2 - Form of Notice to Debtor: Template notification to be sent to the debtor regarding the assignment
3. Schedule 3 - Copy of Underlying Agreement: Copy of the agreement giving rise to the proceeds being assigned
4. Schedule 4 - Payment Details: Detailed banking and payment information for the receipt of assigned proceeds
5. Schedule 5 - Form of Acknowledgment: Template acknowledgment to be signed by the debtor confirming the assignment
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Relevant legal definitions
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Relevant Industries
Banking and Financial Services
Infrastructure and Construction
Energy and Utilities
Manufacturing
Technology
Healthcare
Real Estate
Telecommunications
Trading and Commerce
Transportation and Logistics
Relevant Teams
Legal
Finance
Treasury
Commercial
Credit Control
Risk Management
Compliance
Corporate Secretariat
Business Development
Operations
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Finance Manager
Account Manager
Credit Controller
Commercial Director
Contract Manager
Risk Manager
Transaction Manager
Compliance Officer
Corporate Secretary
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