Easily Insert Cross from the Credit Agreement

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How to Insert Cross from the Credit Agreement

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welcomes at the five-minute legal master series were expert attorneys help you master important legal topics today board-certified creditors rights attorney Nicholas D Kralik discusses credit agreements welcome today I want to talk to you a little bit about credit agreements you know in the euphoria of getting a new customer not many creditors especially their sales departments want to think about their customer becoming a debtor somewhere down the line however when a creditor extends credit to that new customer hes essentially lending his companys money and there is a risk that the creditor may not get paid by this customer therefore the outset of the business relationship with a new customer that is precisely the time to be proactive to anticipate what rights and remedies you as the credit grantor will want and need to have at your disposal if and when the new customer becomes a non-compliant debtor youve got to prepare for collection from day one and nobody likes to think about

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What is a cross-default clause in a loan agreement?

What Is Cross Default? Cross default is a provision in a bond indenture or loan agreement that puts a borrower in default if the borrower defaults on another obligation. For instance, a cross-default clause in a loan agreement may say that a person automatically defaults on his car loan if he defaults on his mortgage.

What is the meaning of cross-collateral?

Cross collateralization is the act of using an asset thats collateral for an initial loan as collateral for a second loan. If the debtor is unable to make either loans scheduled repayments on time, the affected lenders can eventually force the liquidation of the asset and use the proceeds for repayment.

What is the risk in cross-collateralization?

Cross-collateralization is a versatile financing technique when a borrower pledges the same collateral to secure multiple loans. Cross-collateralized assets require loans to remain in good standing with the lender, or the borrower risks defaulting on all loans that rely on the asset.

What is a cross collateral agreement?

Cross-collateralization clauses provide that collateral for one loan is used as collateral for two or more loans made by the lender. Cross-collateralization can be achieved using various methods. One method is to add language in the security instrument that the collateral shall serve as security for two or more loans.

What does cross-collateralized mean in real estate?

A cross-collateralization clause generally provides that the same collateral, often real property, secures multiple loans from the same lender. In the construction loan context, a developer will often take out sequential loans from the same lender to finance particular phases of a project.

What is a cross-collateralization and 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 is an example of a cross collateral clause?

For example, taking out a second mortgage on a property is considered a form of cross collateralization. In such a case, the property is used as collateral for the original mortgage. The second mortgage then taps into the equity that the propertys owner has accrued for collateral.

How do cross-collateral loans work?

The way that cross-collateralization works is that the same form of collateral is used to back more than one loan. The collateral used needs to guarantee the loan value. For example, if someone takes out an auto loan, the car (which equates to the value of the loan) is used as collateral.

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