Specific security agreement (various collateral)
|Author(s) :||Nino di Bartolomeo; Helen Fielder|
|Short Description :||This is a detailed specific security agreement precedent for the granting of security interests over specific types of personal property of the Grantor. This precedent also features drafting notes which provide advice on how to approach the document.|
|Format :||Word document delivered by email within 24 hours
Page length: 62
|Published :||June, 2012|
The precedent has been prepared following the introduction of the reforms under the Personal Property Securities Act 2009 (PPSA) and takes into account the requirements under that Act.
The agreement takes into account both personal property to which the PPSA applies and also personal property that is not personal property under or is excluded from the application of the PPSA.
Related security agreements
Note that securities over personal property collateral that is investment instruments and intermediated securities are dealt with separately in the precedent Specific Security Deed (marketable securities). Investment instruments and intermediated securities include, for example, share, debentures, units and interest in managed investment schemes.
For a precedent document dealing with the granting of a security interest over all of the Grantor?s personal property, see the precedent General security deed.
• General security deed
• Specific security agreement (marketable securities)
• Deed of full release and undertaking for PPSA registered security interests (with guidance notes)
• Deed of partial release for PPSA registered security interests (with guidance notes)
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1. Definitions and interpretation
3. Grantor must pay Secured Money
4. Grantor must pay interest
5. Dealing with Collateral
6. Representations and warranties
9. Transfer of Collateral
10. Enforcement (Rights of Secured Party following default)
11. Exclusion of notice or time period
13. Exercise of default rights
14. Application of money
15. Third party dealings
16. Preservation of rights
17. Costs and expenses
19. Assignments and transfers
20. Set off (Secured Party may set off obligation)
22. Partial invalidity
23. Remedies and waivers
24. Amendments and waivers
28. Further assurances
30. Waiver and exercise of rights
32. Sovereign immunity
33. Governing law and jurisdiction
35. Execution by attorney
36. Consumer Credit Law
Schedule 1 - Details
Schedule 2 - Serial Numbered Collateral
Schedule 3 - Deposit Accounts
Schedule 4 - Ancillary Rights
Schedule 5 - Life Insurance Policies
Schedule 6 - Livestock
Schedule 7 - Crops
Schedule 8 - Trustees
Schedule 9 - Partnerships/Joint Ventures
Schedule 10 - Confidentiality
Nino di Bartolomeo
Nino Di Bartolomeo is a banking and finance lawyer based in Sydney. He is a partner and national head of corporate and institutional finance at Norton Rose. He has global and local expertise in project and structured finance, corporate finance, international finance, commercial, property, asset and construction finance and derivatives work.
Helen Fielder has worked as a lawyer in both banking and corporate with top legal firms in Australia. She is currently a knowledge and precedents lawyer working in the banking and finance team of Norton Rose in Sydney.