A Loan Collateral Agreement is essential when securing a loan with specific assets in the United States. This document provides protection for lenders by establishing their legal right to seize and sell the pledged collateral if the borrower defaults. It must comply with federal regulations, including the Uniform Commercial Code, and relevant state laws. The agreement typically includes detailed descriptions of the collateral, representations about ownership, maintenance requirements, and default remedies. It's particularly important for commercial lending and requires careful drafting to ensure enforceability across different jurisdictions.
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1. Parties: Identification of lender and borrower with full legal names and addresses
2. Background: Context of the loan agreement and purpose of the collateral arrangement
3. Definitions: Key terms used throughout the agreement including 'Collateral', 'Obligations', 'Default'
4. Grant of Security Interest: Formal declaration of security interest in the collateral
5. Description of Collateral: Detailed description of assets serving as collateral
6. Representations and Warranties: Borrower's assertions regarding ownership and condition of collateral
7. Covenants: Ongoing obligations regarding maintenance and protection of collateral
8. Default Provisions: Circumstances constituting default and remedies
1. Insurance Requirements: Required when collateral needs specific insurance coverage for valuable physical assets or real property
2. Third Party Consents: Provisions regarding required third-party approvals when collateral involves third-party rights
3. Cross-Default Provisions: Links to other loan agreements when multiple loan agreements exist
1. Schedule A - Collateral Description: Detailed inventory or description of all collateral items
2. Schedule B - Permitted Liens: List of pre-existing liens or encumbrances on collateral
3. Schedule C - Filing Locations: List of jurisdictions where UCC filings will be made
4. Appendix 1 - UCC Forms: Relevant UCC-1 financing statements and forms
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