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Security Agreement
I need a security agreement for a $500,000 investment, with a 5-year term, detailing collateral requirements, default conditions, and a 10% annual interest rate, secured by real estate assets.
What is a Security Agreement?
A Security Agreement creates a legal claim on property or assets that backs up a loan or debt. When you borrow money from a bank or lender, they often want collateral to protect their investment - this agreement spells out exactly what property serves as that protection and how they can claim it if you default.
The agreement must follow Article 9 of the Uniform Commercial Code, which governs secured transactions across U.S. states. It details which assets are being pledged (like equipment, inventory, or accounts receivable), establishes the lender's security interest, and outlines everyone's rights and responsibilities. Once properly filed, it gives the lender priority over other creditors for claiming those specific assets.
When should you use a Security Agreement?
Use a Security Agreement when lending money and you need specific assets as collateral. Banks routinely require these agreements for business loans, equipment financing, and commercial real estate deals. They're essential when extending credit to companies that pledge inventory, equipment, or accounts receivable as security.
The agreement becomes crucial during major financial transactions like mergers, acquisitions, or business expansions where significant assets back the lending. It protects lenders by establishing clear rights to seize specific collateral if borrowers default, while giving borrowers access to better interest rates and larger loan amounts than unsecured financing would allow.
What are the different types of Security Agreement?
- General Security Agreement: Covers all types of business assets as collateral, including current and future property
- Mortgage And Security Agreement: Specifically designed for real estate collateral and related property rights
- Security Lending Agreement: Used for temporary transfer of securities between financial institutions
- Reverse Repurchase Agreement: Covers short-term lending secured by securities with buyback provisions
- Personal Loan Contract With Collateral: Tailored for individual borrowers using personal assets as security
Who should typically use a Security Agreement?
- Banks and Financial Institutions: Primary lenders who require Security Agreements to protect their interests when extending loans or credit
- Business Owners: Borrowers who pledge company assets as collateral to secure financing for operations or expansion
- Corporate Lawyers: Draft and review agreements to ensure compliance with UCC Article 9 and protect both parties' interests
- Credit Officers: Evaluate collateral value and monitor compliance with agreement terms
- Commercial Finance Companies: Alternative lenders who use these agreements for equipment financing and inventory-based lending
- Business Advisors: Help clients understand obligations and negotiate favorable terms
How do you write a Security Agreement?
- Identify Assets: List all collateral items with detailed descriptions, serial numbers, and current locations
- Gather Entity Details: Collect legal names, addresses, and registration information for all parties
- Document Ownership: Verify clear title to all assets being pledged as collateral
- Determine Value: Get current appraisals or valuations for pledged assets
- Check UCC Records: Search for existing liens or encumbrances on proposed collateral
- Draft Agreement: Use our platform to generate a customized Security Agreement that includes all required elements
- Review Terms: Confirm payment schedules, default provisions, and remedies are clearly stated
What should be included in a Security Agreement?
- Party Information: Full legal names and addresses of both secured party and debtor
- Collateral Description: Clear, specific identification of all assets serving as security
- Grant of Security Interest: Express language creating the security interest in favor of the lender
- Obligations Secured: Details of the underlying debt or obligations being secured
- Default Provisions: Specific events triggering default and lender's remedies
- Representations: Debtor's warranties about ownership and condition of collateral
- Maintenance Requirements: Rules for maintaining and protecting the collateral
- Signature Block: Dated signatures of authorized representatives from both parties
What's the difference between a Security Agreement and an Asset Purchase Agreement?
A Security Agreement differs significantly from an Asset Purchase Agreement, though both deal with business assets. The key distinctions lie in their fundamental purposes and legal effects.
- Purpose: Security Agreements create a lender's right to claim specific assets as collateral, while Asset Purchase Agreements transfer complete ownership of assets from seller to buyer
- Duration: Security Agreements remain active until the underlying debt is paid off, whereas Asset Purchase Agreements complete a one-time permanent transfer
- Rights Conveyed: Security Agreements give conditional rights to seize assets upon default, while Asset Purchase Agreements transfer all rights immediately
- Regulatory Framework: Security Agreements fall under UCC Article 9 secured transactions, while Asset Purchase Agreements operate under general contract and property law
- Primary Users: Security Agreements typically involve lenders and borrowers, while Asset Purchase Agreements involve buyers and sellers in business transactions
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