The Collateral Access Agreement serves as a crucial document in secured lending transactions where a borrower maintains collateral on leased premises. It becomes necessary when a lender needs to ensure their ability to access and recover collateral in default scenarios, while managing potential conflicts with landlord rights. This agreement is particularly important in the United States where different state laws may affect lien priorities and access rights. The document typically includes detailed provisions about notice requirements, timing of access, insurance obligations, and the subordination of competing interests. It helps prevent disputes and provides clarity about the parties' respective rights and obligations regarding the collateral.
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1. Parties: Identification of all parties including lender, property owner/landlord, and tenant/borrower
2. Background: Context of the agreement including reference to main loan agreement and lease
3. Definitions: Key terms used throughout the agreement including defined terms from UCC Article 9 and property law concepts
4. Grant of Access: Terms of access rights granted to the lender, including scope and purpose of access
5. Notice Requirements: Procedures for providing notice before accessing the premises, including timing and format
6. Subordination of Liens: Treatment of competing liens and priorities, including landlord's liens and other security interests
7. Term and Termination: Duration of the agreement and circumstances under which it may be terminated
8. Governing Law: Specification of applicable law and jurisdiction
1. Insurance Requirements: Specific insurance obligations for accessing party, including liability coverage and certificates
2. Environmental Matters: Provisions regarding environmental liability and compliance when collateral includes potentially hazardous materials
3. Tenant's Rights: Specific protections for tenant's ongoing operations and business continuity
4. Indemnification: Provisions for indemnifying parties against losses arising from access rights
1. Schedule A - Property Description: Legal description of the property subject to access rights
2. Schedule B - Access Procedures: Detailed procedures for exercising access rights, including security protocols
3. Schedule C - Insurance Requirements: Specific insurance coverage requirements and limits
4. Schedule D - Form of Notice: Template for required notices under the agreement
Relevant legal definitions
Access Period
Access Rights
Additional Rent
Applicable Law
Borrower
Business Day
Collateral
Default
Enforcement Action
Event of Default
Governmental Authority
Landlord's Lien
Lease
Lease Agreement
Lender
Lender's Security Interest
Loan Agreement
Notice
Permitted Access Hours
Premises
Property
Rent
Required Insurance
Security Agreement
Security Interest
Subordination
Tenant
Term
Access Rights
Additional Rent
Applicable Law
Borrower
Business Day
Collateral
Default
Enforcement Action
Event of Default
Governmental Authority
Landlord's Lien
Lease
Lease Agreement
Lender
Lender's Security Interest
Loan Agreement
Notice
Permitted Access Hours
Premises
Property
Rent
Required Insurance
Security Agreement
Security Interest
Subordination
Tenant
Term
Clauses
Access Rights
Assignment and Transfer
Authority and Capacity
Amendments
Compliance with Laws
Counterparts
Default and Remedies
Duration and Termination
Enforcement Rights
Entire Agreement
Governing Law
Indemnification
Insurance
Landlord Cooperation
Lien Subordination
Notices
Property Protection
Representations and Warranties
Severability
Third Party Rights
Time and Access Periods
Waiver
Waiver of Claims
Assignment and Transfer
Authority and Capacity
Amendments
Compliance with Laws
Counterparts
Default and Remedies
Duration and Termination
Enforcement Rights
Entire Agreement
Governing Law
Indemnification
Insurance
Landlord Cooperation
Lien Subordination
Notices
Property Protection
Representations and Warranties
Severability
Third Party Rights
Time and Access Periods
Waiver
Waiver of Claims
Relevant Industries
Relevant Teams
Relevant Roles
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