The Commercial Pledge Agreement is essential in secured transactions where one party (pledgor) grants a security interest in specific assets to another party (pledgee) as collateral for an obligation. Used extensively in commercial lending and business transactions across the United States, this agreement complies with UCC Article 9 requirements and state-specific regulations. It typically includes detailed descriptions of pledged assets, representations and warranties, maintenance obligations, default provisions, and remedies. The agreement is particularly crucial for protecting creditors' interests while allowing borrowers to maintain possession and use of their assets.
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1. Parties: Identification of pledgor and pledgee with full legal names and addresses
2. Background: Context of the pledge agreement and underlying obligations
3. Definitions: Key terms used throughout the agreement including pledged assets, secured obligations, and other relevant definitions
4. Pledge and Security Interest: Description of pledged assets and grant of security interest, including scope and nature of the pledge
5. Representations and Warranties: Pledgor's statements regarding ownership, authority, condition of pledged assets, and other material facts
6. Covenants: Ongoing obligations of the pledgor regarding maintenance, preservation, and use of pledged assets
7. Events of Default: Circumstances constituting default under the agreement and their consequences
8. Remedies: Rights and actions available to pledgee upon default, including enforcement mechanisms
9. Miscellaneous: Standard provisions including governing law, notices, amendments, and severability
1. Voting Rights: Provisions governing the exercise of voting rights for pledged securities or ownership interests
2. Income and Distributions: Treatment of dividends, interest, or other income generated by pledged assets
3. Insurance Requirements: Obligations to maintain insurance on physical pledged assets
4. Control Provisions: Specific provisions for control over deposit accounts or investment property
1. Schedule A - Pledged Assets: Detailed inventory and description of all assets subject to the pledge agreement
2. Schedule B - UCC Financing Statement: Form UCC-1 financing statement for perfecting security interest
3. Schedule C - Control Agreements: Forms of account control agreements for any deposit accounts or securities accounts
4. Schedule D - Permitted Liens: List of any existing liens or encumbrances permitted on the pledged assets
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