This document is a collateral assignment of intellectual property. It details the collateral assignment, the scope of the assignment, representations and warranties, default remedies, and all other aspects generally found in an assignment agreement.
Texas Collateral Assignment of Intellectual Property
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Multi-State
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US-TC0713
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FAQ
(a) This section provides a security interest in favor of interest owners, as secured parties, to secure the obligations of the first purchaser of oil and gas production, as debtor, to pay the purchase price.
IP assets such as trademarks, trade names, patents, and copyrights are being used to secure loans issued by banks and other lenders. In most situations, IP assets tend to act as ?credit enhancers? and are included in a portfolio of assets that serves as collateral.
Priority of Security Interests in Fixtures and Crops. (a) A security interest under this chapter may be created in goods that are fixtures or may continue in goods that become fixtures.
Delegation of Performance; Assignment of Rights. (a) A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or control the acts required by the contract.
In accounting, intellectual property is considered an intangible asset, and, when possible, should be recorded as such on the balance sheet. Copyrights, trade marks and patents should be recorded on the balance sheet and other financial statements at or below, cost price.
As a result, asset-based lenders have turned to IP portfolios as another form of collateral to secure their loans. But while using IP as collateral can enhance the security of a loan, it presents banks, investors, and other lenders with unique challenges.
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
Your intellectual property includes the intangible assets you create for your business, such as names, designs, and automated processes. And just like tangible possessions ? like supplies, equipment, buildings, and inventory ? your intellectual property contributes to the value and success of your business.