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Cross Collateral Agreement Template for Singapore

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Key Requirements PROMPT example:

Cross Collateral Agreement

"Need a Cross Collateral Agreement for a Singapore manufacturing company using its factory equipment and inventory as security for multiple bank facilities from DBS Bank and OCBC, to be executed by March 2025."

What is a Cross Collateral Agreement?

Cross Collateral Agreements are essential instruments in Singapore's secured lending landscape, particularly when multiple credit facilities need to be secured efficiently. These agreements allow lenders to share security interests in the same collateral, potentially reducing overall collateral requirements and facilitating more flexible financing arrangements. The Cross Collateral Agreement must comply with Singapore's security registration requirements, perfection rules, and enforcement regulations, while clearly defining the relationships between different credit facilities and their respective security interests.

What sections should be included in a Cross Collateral Agreement?

1. Parties: Identification of all parties involved in the agreement including lenders, borrowers, and security providers

2. Background: Context and purpose of the cross-collateral arrangement, including reference to existing facilities and security arrangements

3. Definitions: Key terms used throughout the agreement including definitions of Collateral, Secured Obligations, and Events of Default

4. Grant of Security Interest: Details of security interests being created and the manner of their creation across different assets

5. Description of Collateral: Specific description of all assets serving as collateral and their respective security arrangements

6. Secured Obligations: Description of all debts and obligations being secured under the cross-collateral arrangement

7. Representations and Warranties: Statements of fact by the parties regarding ownership, authority, and status of collateral

8. Covenants: Ongoing obligations of the parties including maintenance of collateral and financial covenants

9. Events of Default: Circumstances constituting default under the agreement and their consequences

10. Enforcement Rights: Rights and remedies available to secured parties upon occurrence of an Event of Default

What sections are optional to include in a Cross Collateral Agreement?

1. Insurance Requirements: Requirements for insuring collateral assets and maintaining insurance coverage

2. Valuation Provisions: Methods and frequency for valuing collateral assets and determining sufficiency of security

3. Cross-Default Provisions: Provisions dealing with impact of defaults under other agreements and cross-acceleration rights

4. Foreign Law Provisions: Provisions dealing with foreign assets and cross-border security arrangements

What schedules should be included in a Cross Collateral Agreement?

1. Schedule of Collateral: Detailed list and description of all assets serving as collateral under the agreement

2. Schedule of Secured Obligations: Comprehensive list of all obligations being secured by the cross-collateral arrangement

3. Form of Notice: Template notices for perfection of security interests and enforcement actions

4. Valuation Methodology: Detailed procedures and methods for valuing different types of collateral

5. Security Perfection Requirements: Jurisdiction-specific requirements for perfecting security interests in different types of collateral

Authors

Alex Denne

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

Relevant legal definitions






























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Industries

Securities and Futures Act (Cap. 289): Primary legislation governing securities, futures, and financial markets in Singapore. Essential for understanding the regulatory framework for security interests.

Companies Act (Cap. 50): Key legislation governing corporate entities in Singapore, including provisions related to company charges and registration of security interests.

Property Act (Cap. 242): Legislation governing property rights and transactions in Singapore, relevant for property-based collateral.

Banking Act (Cap. 19): Regulates banking institutions and their activities, including requirements for taking security and collateral.

Conveyancing and Law of Property Act (Cap. 61): Governs the transfer of property rights and creation of security interests over real property.

Personal Property Securities Act: Regulates security interests in personal property, including registration and priority rules.

Registration of Deeds Act (Cap. 269): Provides for the registration of deeds and instruments affecting interests in land.

MAS Guidelines: Regulatory guidelines issued by the Monetary Authority of Singapore affecting financial institutions and security arrangements.

SGX Rules: Singapore Exchange regulations that may apply to listed companies and their security arrangements.

Contracts Act (Cap. 53): Fundamental legislation governing contract formation and enforcement in Singapore.

Insolvency, Restructuring and Dissolution Act 2018: Governs insolvency proceedings and affects the enforcement of security interests in case of default.

Consumer Protection (Fair Trading) Act: Relevant when dealing with consumer transactions and protecting consumer interests in secured transactions.

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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