The Landlord Lien Waiver And Collateral Access Agreement is crucial in commercial financing transactions where a tenant seeks to use its personal property (such as inventory or equipment) as collateral for a loan while operating in leased premises. This agreement resolves potential conflicts between the landlord's rights under the lease or state law and the lender's security interest in the tenant's property. Common in the United States, it provides necessary protections for lenders by ensuring they can access and recover their collateral if needed, while also establishing clear procedures and priorities between all parties involved.
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1. Parties: Identifies all parties to the agreement, including landlord, tenant, and lender
2. Background/Recitals: States the context of the agreement, including reference to the lease and loan agreements
3. Definitions: Defines key terms used throughout the agreement
4. Landlord Lien Waiver: Core provision where landlord waives rights to tenant's personal property/inventory
5. Access Rights: Specifies lender's rights to enter premises to inspect or remove collateral
6. Notice Requirements: Details requirements for providing notice between parties
7. Term and Termination: Duration of the agreement and conditions for termination
8. Governing Law: Specifies applicable law and jurisdiction
1. Insurance Requirements: Specifies insurance obligations when specific insurance requirements need to be established
2. Subordination Provisions: Addresses priority of interests between parties when multiple security interests exist
3. Environmental Provisions: Addresses environmental liabilities and responsibilities when premises involve potential environmental concerns
4. Cost and Expense Allocation: Details responsibility for costs related to access and removal when specific cost allocation needs to be established
1. Property Description: Legal description of the leased premises
2. Collateral Description: Detailed description of tenant's personal property/inventory subject to lender's security interest
3. Form of Notice: Template for required notices under the agreement
4. Access Procedures: Detailed procedures for lender access to premises
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