The Collateral Access Agreement is a crucial document in secured lending transactions under Philippine law, particularly where collateral is held by a third-party custodian or warehouse operator. This agreement becomes necessary when a lender needs to ensure they have proper access rights to inspect and potentially take possession of collateral securing their loans. The document complies with Republic Act No. 11057 (Personal Property Security Act) and Bangko Sentral ng Pilipinas regulations, providing detailed procedures for access, inspection, and potential possession of collateral. It is commonly used in conjunction with credit facilities, particularly in industries where inventory or equipment serves as collateral and is stored in third-party facilities. The agreement balances the rights of secured creditors with the operational needs of custodians and borrowers, while ensuring compliance with Philippine legal requirements for enforceability.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership聽of your docs
1. Parties: Identification of the primary parties: typically the Collateral Agent/Lender, the Borrower/Grantor, and the Custodian/Warehouse Operator
2. Background: Context of the agreement, referring to the primary credit facility and the need for collateral access arrangements
3. Definitions: Key terms used throughout the agreement, including specific definitions for Collateral, Access Rights, Event of Default, etc.
4. Grant of Access Rights: Core provisions detailing the rights of the Collateral Agent to access, inspect, and take possession of the collateral
5. Custodian Obligations: Duties and responsibilities of the custodian in maintaining, protecting, and providing access to the collateral
6. Representations and Warranties: Statements of fact and assurances from each party regarding their authority, the collateral, and compliance with laws
7. Access Procedures: Detailed procedures for requesting and granting access, including notice requirements and timing
8. Security Measures: Protocols for maintaining security and integrity of the collateral during storage and access
9. Costs and Expenses: Allocation of costs related to storage, access, and maintenance of collateral
10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. Insurance: Required when the collateral needs specific insurance coverage - details insurance requirements and responsibilities
2. Environmental Compliance: Necessary when collateral includes items requiring environmental permits or special handling
3. Force Majeure: Optional clause for circumstances preventing access or maintenance of collateral due to events beyond parties' control
4. Confidentiality: Important when parties need to protect sensitive information about the collateral or business operations
5. Electronic Access and Records: Required when digital access or electronic monitoring systems are used for the collateral
1. Schedule A - Description of Collateral: Detailed inventory and description of all collateral covered by the agreement
2. Schedule B - Authorized Representatives: List of personnel authorized to request and grant access to collateral
3. Schedule C - Access Protocols: Step-by-step procedures for accessing collateral, including security protocols and documentation requirements
4. Schedule D - Storage Location Details: Specific information about where collateral is stored, including floor plans if relevant
5. Appendix 1 - Forms: Standard forms for access requests, inspection reports, and incident reporting
Find the exact document you need
Reciprocal Access Easement
A Philippine law-compliant agreement establishing mutual access rights and obligations between property owners for shared access areas.
Download
Site Access Agreement
A Philippine law-governed agreement establishing terms for authorized access to and use of a specific site or facility.
Download
Cross Access Agreement
A Philippine law-governed agreement establishing mutual access rights and obligations between property owners for shared spaces and facilities.
Download
Author And Publisher Agreement
A Philippine law-governed agreement between authors and publishers defining rights, royalties, and obligations for literary work publication.
Download
Pedestrian Access Easement
A Philippine law-compliant agreement establishing pedestrian access rights across property, defining terms, responsibilities, and obligations for all parties involved.
Download
Mutual Access Easement
A Philippine law-governed agreement establishing reciprocal access rights between property owners, defining shared access areas and related obligations.
Download
Access Easement Agreement
A Philippine law-compliant agreement establishing access rights over one property for the benefit of another property or party, defining terms and conditions of the easement.
Download
Collateral Access Agreement
A Philippine law-governed agreement establishing terms for secured parties to access and inspect collateral held by custodians.
Download
User Access Agreement
A Philippine law-governed agreement defining terms and conditions for digital service access, incorporating local data privacy and e-commerce requirements.
Download
Third Party Access Agreement
A Philippine law-governed agreement establishing terms for third-party access to organizational systems, incorporating local data privacy and cybersecurity requirements.
Download
Road Access Agreement
A legal agreement under Philippine law establishing rights and regulations for road access between parties, including usage terms, maintenance responsibilities, and compliance requirements.
Download
Private Road Access Agreement
A Philippine law-compliant agreement establishing terms and conditions for using privately owned roads, defining access rights and responsibilities between road owners and users.
Download
Neighbor Access Agreement
A Philippine law-governed agreement establishing access rights between neighboring property owners, defining terms, conditions, and responsibilities for property access.
Download
Land Access Agreement
A Philippine law-governed agreement establishing terms and conditions for accessing and using land owned by another party, ensuring compliance with local regulations and protecting both parties' interests.
Download
Emergency Access Easement
A Philippine law-compliant agreement granting emergency access rights over private property for specified emergency situations and responders.
Download
Early Access Agreement
Philippine law-governed agreement for pre-release access to products/services, covering usage rights, obligations, and compliance requirements.
Download
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)