Company Letterhead
{{company_name}}
{{company_address}}
Phone: {{phone}}
Email: {{email}}
Website: {{website}}
COLLATERAL AGREEMENT
This Collateral Agreement (the 'Agreement') is made and entered into on this {{date}} day of {{month}}, {{year}},
BETWEEN:
{{lender_company_name}}, a company duly incorporated under the laws of {{jurisdiction_lender}}, with its principal place of business at {{lender_address}} (hereinafter referred to as 'the Lender')
AND
{{borrower_company_name}}, a company duly incorporated under the laws of {{jurisdiction_borrower}}, with its principal place of business at {{borrower_address}} (hereinafter referred to as 'the Borrower').
1. LOAN AGREEMENT
This Collateral Agreement supplements and forms an integral part of the Loan Agreement entered into by and between the Lender and the Borrower on {{loan_agreement_date}} (the 'Loan Agreement').
2. GRANT OF SECURITY INTEREST
To secure the prompt and complete payment and performance of all obligations and indebtedness of the Borrower to the Lender under the Loan Agreement (the 'Secured Obligations'), the Borrower hereby grants to the Lender a continuing security interest in all of the Borrower's right, title, and interest in and to the following property, assets, and rights of the Borrower, whether now owned or hereafter acquired, wherever located (the 'Collateral'):
2.1. {{description_of_collateral_1}}
2.2. {{description_of_collateral_2}}
2.3. {{description_of_collateral_3}}
2.4. All proceeds and products of the foregoing, including, without limitation, all insurance proceeds and claims arising out of any damage to or destruction of the Collateral.
3. REPRESENTATIONS AND WARRANTIES
The Borrower represents and warrants to the Lender that:
3.1. The Borrower is the sole owner of the Collateral and has the right to grant a security interest therein.
3.2. The Collateral is free and clear of all liens, encumbrances, and security interests, other than those created by this Agreement or disclosed to and approved by the Lender in writing.
3.3. The Borrower will defend the Collateral against all claims and demands of any person.
4. COVENANTS OF THE BORROWER
The Borrower covenants and agrees with the Lender as follows:
4.1. To maintain the Collateral in good condition and repair and not to waste or destroy the Collateral.
4.2. To keep the Collateral insured against loss or damage by fire, theft, and such other risks as the Lender may reasonably require, with a reputable insurance company, and to deliver copies of such insurance policies to the Lender.
4.3. Not to sell, assign, transfer, or otherwise dispose of the Collateral without the prior written consent of the Lender.
4.4. To promptly notify the Lender of any event or condition that would materially impair the value or enforceability of the Lender's security interest in the Collateral.
5. EVENTS OF DEFAULT
The occurrence of any of the following shall constitute an 'Event of Default' under this Agreement:
5.1. Any default by the Borrower under the Loan Agreement.
5.2. Any breach by the Borrower of any representation, warranty, or covenant contained in this Agreement.
5.3. Any insolvency, bankruptcy, or similar proceeding initiated by or against the Borrower.
6. REMEDIES UPON DEFAULT
Upon the occurrence of an Event of Default, and at any time thereafter, the Lender may, at its option, declare all Secured Obligations immediately due and payable without demand or notice, and may exercise any and all rights and remedies available to a secured creditor under applicable law, including, without limitation, the right to:
6.1. Take possession of the Collateral.
6.2. Sell the Collateral at public or private sale.
6.3. Apply the proceeds of any sale or other disposition of the Collateral to the payment of the Secured Obligations, in such order as the Lender may determine.
7. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of {{applicable_country_law}}, without regard to its conflict of laws principles. The parties irrevocably submit to the exclusive jurisdiction of the courts of {{applicable_country_jurisdiction}} for the purpose of any suit, action, or other proceeding arising out of or relating to this Agreement.
8. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, both written and oral, between the parties regarding such subject matter.
Signature Block
IN WITNESS WHEREOF, the parties hereto have executed this Collateral Agreement as of the date first above written.
LENDER:
{{lender_company_name}}
By: _____________________________
Name: {{lender_authorised_signatory_name}}
Title: {{lender_authorised_signatory_title}}
BORROWER:
{{borrower_company_name}}
By: _____________________________
Name: {{borrower_authorised_signatory_name}}
Title: {{borrower_authorised_signatory_title}}
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