Easily Hide Cross from the Facility Agreement

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How to Hide Cross from the Facility Agreement

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what is the most deadly contract term that you dont even know exists in your contract lets get started hey everybody this is Alex Barnett with the lean zone.com today Im going to talk about cross default provisions and why they are the deadliest contract term you dont even know that exists in your contract so lets talk about what a cross default provision is it is a contract provision that says that if you default on your contract the contractor or the owner can hold you in default on any other contract you have even if those other contracts are not in default so let me tell you about a story of a contractor that were dealing with now thats having this exact problem because of this provision they are a drywall contractor and they have three contracts with a general contractor and that contract each of those contracts has a cross default provision they are allegedly in default on one of the contracts and not in default at all on two others but the contractor claims that the damag

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What does cross defaulted mean?

It is relatively common for a commercial loan agreement to contain a cross-default provision, which provides that a borrower is in default under the current loan if the borrower defaults on another loan.

Which is better cross-default or cross acceleration?

Generally if you are a corporate you want to slow things down; if you are a bank you want to speed them up. Banks prefer Cross Default normally; corporates prefer cross acceleration. Banks normally win. Counterparties like corporates and hedge funds prefer banks to act together in closing out rather than unilaterally.

What is the purpose of cross-default clause?

A clause which operates by automatically defaulting a borrower under Agreement A when it defaults under Agreement B. A cross-default provision effectively gives the lender under Agreement A the benefit of the default provisions in Agreement B.

Why would a lender include a cross-default provision in a commercial loan?

The cross-default provision exists to protect the interest of lenders, who desire to have equal rights to a borrowers assets in case of default on one of the loan contracts.

What is a cross collateral cross-default agreement?

Both cross-collateralization (aka dragnet) and cross-default clauses are common provisions in commercial loan documents. A cross-collateralization clause generally provides that the same collateral, often real property, secures multiple loans from the same lender.

What allows the lender to declare the loan due if the borrower defaults?

An acceleration clause in a mortgage or deed of trust allows the lender, or current loan holder, to demand repayment in full if the borrower defaults on the loan.

What is a cross-default clause example?

For example, if a borrower defaults on his/her bank loan, the cross-default clause would cause him/her to be in default for his/her mortgage loan as well. Thus, cross-default clauses in loan agreements can easily create a domino effect for the borrowers. Default may occur in a loan agreement in several ways.

What is cross-default cross collateral provisions?

Both cross-collateralization (aka dragnet) and cross-default clauses are common provisions in commercial loan documents. A cross-collateralization clause generally provides that the same collateral, often real property, secures multiple loans from the same lender.

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