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.
Collateral is a term used in kinship to describe kin, or lines of kin, that are not in a direct line of descent from an individual. Examples of collateral relatives include siblings of parents or grandparents and their descendants (uncles, aunts, and cousins).
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.
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.
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.
A “submission agreement” (also called an “agreement to arbitrate”) is a written agreement between two parties that establishes the use of arbitration to settle a dispute (or any and all disputes) that may arise between them.
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.
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 ...