Article 2095E, incorporated into the Civil Code, provides for the possibility of creating “a security right in favour of a trustee in favour of a present or future creditor or creditor or in favour of one or two categories of creditors”. Maltese law recognises that the sureary trustee must hold the guarantee in trust in the interest of all creditors who secure both the current and future debt to which they are entitled and to which they are entitled. Maltese law provides for a number of solutions related to security in commercial and private situations through the Civil Code and the Trusts and Trustees Act (Chapter 331 of the Maltese Laws). Legal developments allow for greater flexibility in security arrangements, including in cases where the trustee is also a creditor, such as in the case of structured finance or syndicated transactions, where assets are pooled under a single trust and the security is taken over the entire pool rather than across multiple assets. A trustee is a person who has committed to act for others in circumstances that establish a relationship of trust. The trustee subordinates his own interest to that of the client and must act in good faith. There was an agreement between the creditors that agreed on the ability of the guarantee trustee to assert the guarantee of the transaction at the request of the first-tier majority lenders. The agreement provided that the trustee would exercise due diligence to obtain fair value. .