A collateral contract is a contract to enter into an future contract. Part of the consideration for the collateral contract is the promise to enter into the second contract. This is similar to a conditional contract whereby the consideration for one party is conditioned on the other party doing something.
Suppose you agree to rent an apartment. The lease agreement you sign with the landlord is the main contract. However, your landlord promises to fix the toilet drainage. Therefore, this is the collateral contract.
Examples of collateral documents are a security agreement, guarantee and collateral agreement, pledge agreement, deposit account control agreement, securities account control agreement, mortgage, and UCC-1s.
Collateral Access Agreement means a landlord waiver, bailee letter, or acknowledgement agreement of any lessor, warehouseman, processor, consignee, or other Person in possession of, having a Lien upon, or having rights or interests in the Equipment or Inventory, in each case, in form and substance satisfactory to ...
Unlike a payoff letter that terminates all security interests in connection with the repayment and satisfaction of obligations under a credit facility, this collateral release letter removes collateral support, but leaves a credit facility intact as an unsecured facility.
A guarantee is an agreement through which an individual or legal entity undertakes to meet certain obligations, such as paying a third party's debt if the latter defaults.
Collateral form (plural collateral forms) (linguistics) A synonymous but not identical, coexisting form (variation) of a word, such as an accepted alternative spelling.
This is a form of collateral assignment of a material agreement wherein a borrower (the assignor) grants to a lender (the assignee) a collateral security interest in a material contract used in the borrower's business as security for the obligations owing to the lender from the borrower under a credit facility.
However, the two are often considered different because of the different choice of words or pronunciations used. For example, collateral is commonly used to describe Unsecured Loans or KTA. On the other hand, the word guarantee is usually used to describe bank loans that require assets from the borrower as collateral.