The collateral contract is usually made to induce one of the parties to enter into the main contract. For example, if a person is buying a car from a dealer, the dealer may make a collateral contract with the buyer to provide a warranty for the car.
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.
A collateral contract is one where the parties to one contract enter into or promise to enter into another contract. Thus, the two contracts are connected and it may be enforced even though it forms no constructive part of the original contract.
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.
Collateral Account: An account at a Reserve Bank (a) used to hold collateral or (b) in which is recorded the receipt of an advice of custody evidencing that collateral is held by or for the pledgor subject to the security interest of the pledgee.
One of the main purposes of a collateral agreement is to reduce the credit risk of the parties involved in a financial transaction. Credit risk is the risk of loss due to the default or deterioration of the creditworthiness of a counterparty.
Collateral Source Rule and Exceptions It is well established in North Carolina that evidence of a plaintiff's receipt of benefits for his or her injury or disability from sources collateral to defendant generally is not admissible. White v. Lowery, 352 S.E.2d 866, 868 (N.C. Ct.
An Account Control Agreement contractually obligates the securities intermediary to comply with the terms of the parties' security arrangement, while also providing the creditor with the requisite control over the collateral needed to perfect its security interest under state law.
These agreements allow the secured party to perfect a security interest in collateral posted by the pledgor while ensuring that, in the event of the bankruptcy or insolvency of the secured party, such collateral will not become a part of the secured party's estate and will, to the extent owed to the pledgor, be ...