The Landlord Waiver is essential in commercial financing transactions under English and Welsh law where a tenant seeks to use their business assets as collateral for loans. Without this document, a landlord's statutory rights could interfere with a lender's security interest in the tenant's property. The waiver typically specifies which rights the landlord is surrendering, establishes procedures for lender access to the premises, and defines notice requirements. It's particularly crucial in scenarios involving inventory financing, equipment leasing, or other asset-based lending arrangements where the tenant's collateral is located on the landlord's premises.
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1. Parties: Identifies the landlord, tenant, and lender involved in the waiver agreement
2. Background: Sets out the context of the lease, security arrangements, and reason for the waiver
3. Definitions: Defines key terms used throughout the document including Property, Lease, Security Interest, etc.
4. Rights Being Waived: Details specific landlord rights being waived including distraint/CRAR rights and priority claims
5. Duration: Specifies the period for which the waiver remains effective
6. Notice Requirements: Sets out notice obligations between all parties
1. Access Rights: Optional section detailing lender's rights to access property for collateral inspection
2. Subordination Provisions: Used when there's a need to establish priority between different security interests
3. Insurance Requirements: Include when specific insurance arrangements need to be documented
4. Default Procedures: Sets out specific procedures in case of default, when required by lender
5. Restoration Obligations: Used when specific requirements for property restoration after lender access are needed
1. Schedule 1 - Property Description: Detailed description of the property and premises subject to the waiver
2. Schedule 2 - Collateral Description: Detailed description of tenant's property/assets covered by the waiver
3. Schedule 3 - Notice Details: Contact information and notice procedures for all parties
4. Schedule 4 - Lease Details: Details of the underlying lease agreement including date and parties
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