The Third Party Collateral Agreement is essential in Singapore's financial and commercial landscape where third parties provide security for others' obligations. It's commonly used in financing transactions, corporate guarantees, and structured finance arrangements. The document must comply with Singapore's Securities and Futures Act, Companies Act, and relevant MAS regulations. It typically includes detailed provisions on collateral description, perfection requirements, enforcement mechanisms, and the parties' respective rights and obligations. This agreement is particularly important in Singapore's role as a major financial center, where complex security arrangements are common in international transactions.
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1. Parties: Identification of all parties including collateral provider, secured party, and beneficiary
2. Background: Context of the agreement, reference to primary obligations, and reason for collateral arrangement
3. Definitions: Key terms used throughout the agreement including Collateral, Secured Obligations, Security Interest
4. Grant of Security Interest: Formal creation of security interest over the collateral
5. Representations and Warranties: Statements about ownership, authority, and status of collateral
6. Covenants: Ongoing obligations regarding maintenance and preservation of collateral
7. Enforcement: Rights and remedies upon default
8. Governing Law and Jurisdiction: Specification of Singapore law and courts
1. Custodian Provisions: Required when collateral is held by third-party custodian - use when involving third-party custody arrangements
2. Cross-Border Provisions: Additional provisions for international arrangements - use when parties or assets are in multiple jurisdictions
3. Regulatory Compliance: Specific provisions for regulated entities - use when involving regulated financial institutions
1. Schedule of Collateral: Detailed description of collateral assets
2. Form of Notice: Standard form notices for perfection of security
3. Authorized Signatories: List of persons authorized to act under the agreement
4. Valuation Methodology: Procedures for valuing collateral if applicable
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