A Cash Collateral Agreement is utilized when parties need to establish security over cash deposits to secure financial or performance obligations. This document is particularly relevant in Singapore's financial sector, where it must comply with MAS guidelines and local banking regulations. The agreement typically covers account arrangements, security interest creation, perfection requirements, and enforcement rights. It's commonly used in lending transactions, trading relationships, and other financial arrangements where cash security is required.
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1. Parties: Identification of parties entering into the agreement, including registration details and addresses
2. Background/Recitals: Context of the agreement and relationship between parties
3. Definitions and Interpretation: Key terms used throughout the agreement and interpretation rules
4. Grant of Security Interest: Core provisions establishing the security interest over the cash collateral
5. Perfection and Maintenance of Security: Requirements for maintaining valid security interest
6. Representations and Warranties: Standard declarations about capacity, authority, and ownership of collateral
7. Covenants: Ongoing obligations of the parties
8. Events of Default: Circumstances triggering enforcement rights
9. Enforcement: Rights and procedures upon default
1. Interest and Payments: Terms for interest on cash collateral when interest is payable on the cash collateral
2. Tax Provisions: Handling of tax implications when cross-border elements exist or specific tax treatments apply
3. Currency Provisions: Handling multiple currencies when collateral may be in different currencies
4. Further Assurance: Obligations to execute additional documents when complex security arrangements require additional documentation
1. Form of Notice: Standard form notices for perfection of security
2. Designated Accounts: Details of accounts where cash collateral is held
3. Authorized Signatories: List of persons authorized to give instructions
4. Calculation of Interest: Methodology for calculating interest (if applicable)
5. Form of Compliance Certificate: Standard form for periodic compliance confirmation
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