Ƶ

Cross Collateral Agreement for South Africa

Cross Collateral Agreement Template for South Africa

A Cross Collateral Agreement is a sophisticated security arrangement governed by South African law, particularly the National Credit Act and related financial legislation. This agreement enables a borrower to use multiple assets as collective security for various credit facilities, creating a comprehensive security package. The document establishes the legal framework for cross-securitization, detailing the rights and obligations of all parties, enforcement mechanisms, and compliance requirements under South African regulatory frameworks, including specific provisions for consumer protection where applicable.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Cross Collateral Agreement

Let Ƶ's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Cross Collateral Agreement?

The Cross Collateral Agreement is essential in South African financing arrangements where multiple credit facilities and security interests need to be interconnected. It is commonly used when a borrower has several loans or credit facilities with the same lender and wants to use various assets as collective security. The document must comply with South African legislation, particularly the National Credit Act 34 of 2005, the Security by Means of Movable Property Act, and relevant property laws. It typically includes detailed descriptions of all secured obligations, comprehensive listings of collateral assets, and specific enforcement provisions. This agreement is particularly valuable in complex financing structures where optimizing security arrangements and reducing documentation complexity is desired.

What sections should be included in a Cross Collateral Agreement?

1. Parties: Identification of the lender(s) and borrower(s), including registration numbers and addresses

2. Background: Context of the agreement, including references to existing facility agreements and reason for cross-collateralization

3. Definitions and Interpretation: Key terms used in the agreement, including definition of Secured Property, Secured Obligations, and Events of Default

4. Creation of Security Interest: Legal provisions establishing the security interest over all collateral assets

5. Secured Obligations: Definition and scope of obligations secured by the cross-collateral arrangement

6. Cross-Collateralization Provisions: Specific terms making each collateral asset security for all obligations

7. Representations and Warranties: Borrower's confirmations regarding ownership, authority, and status of collateral

8. Covenants: Ongoing obligations regarding maintenance, insurance, and preservation of collateral

9. Events of Default: Circumstances triggering enforcement rights

10. Enforcement: Rights and procedures for enforcing security interests upon default

11. Power of Attorney: Appointment of lender as attorney for perfection and enforcement purposes

12. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction

What sections are optional to include in a Cross Collateral Agreement?

1. Consumer Protection Provisions: Required when borrower is a consumer under the National Credit Act

2. Registration Requirements: Included when any collateral requires registration (e.g., real property, vehicles)

3. Priority Arrangements: Needed when multiple lenders or existing security interests are involved

4. Special Asset Provisions: Specific provisions for unique asset types (e.g., intellectual property, shares)

5. Guarantor Provisions: Required when third-party guarantors are providing additional security

6. Inter-creditor Provisions: Needed when multiple lenders are involved in the security arrangement

What schedules should be included in a Cross Collateral Agreement?

1. Schedule 1 - Existing Facilities: List and details of all credit facilities covered by the cross-collateral arrangement

2. Schedule 2 - Collateral Assets: Detailed description of all assets serving as security

3. Schedule 3 - Security Documents: List of all related security documents and their registration details

4. Schedule 4 - Permitted Encumbrances: List of pre-approved existing or future encumbrances on collateral

5. Appendix A - Form of Notice: Standard form for notices under the agreement

6. Appendix B - Registration Forms: Templates for required security registration documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Ƶ

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions





































Clauses




































Relevant Industries

Banking

Financial Services

Real Estate

Construction

Manufacturing

Agriculture

Mining

Retail

Commercial Property

Industrial Development

Relevant Teams

Legal

Credit

Risk Management

Compliance

Corporate Finance

Treasury

Debt Recovery

Commercial Banking

Property Finance

Portfolio Management

Relevant Roles

Credit Manager

Legal Counsel

Finance Director

Risk Manager

Compliance Officer

Security Trustee

Commercial Banker

Credit Analyst

Property Finance Manager

Treasury Manager

Corporate Finance Manager

Debt Recovery Officer

Portfolio Manager

Relationship Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

Find the exact document you need

Real Estate Security Agreement

A South African law-governed agreement establishing security rights over real property as collateral for specified obligations.

Download

Stock Broker Agreement

A South African law-governed agreement between a licensed stock broker and client establishing terms for securities trading and related services, ensuring compliance with local financial regulations.

Download

Private Security Agreement

South African private security services agreement establishing terms, conditions, and compliance requirements under local security industry regulations.

Download

Cybersecurity Agreement

South African law-governed agreement establishing cybersecurity services framework and compliance with POPIA and Cybercrimes Act requirements.

Download

Collateral Agreement

A South African law-governed agreement establishing security interests over assets to secure obligations, detailing creation, maintenance, and enforcement of security rights.

Download

Security Interest Agreement

A South African law-governed agreement creating security interests over assets to secure obligations, establishing rights and enforcement mechanisms under local security laws.

Download

Stock Pledge And Security Agreement

A South African law-governed agreement creating security over shares or securities as collateral for financial obligations.

Download

Loan Against Shares Agreement

A South African law-governed agreement for lending money against shares as collateral, detailing loan terms and security arrangements.

Download

Note And Warrant Purchase Agreement

A South African law-governed agreement for the issuance and purchase of convertible notes and warrants, combining debt financing with equity participation rights.

Download

Data Protection Agreement

A South African law-governed agreement establishing terms for personal information processing between a responsible party and operator under POPIA.

Download

Membership Interest Pledge Agreement

A South African law-governed agreement creating a pledge over membership interests in a company as security for obligations.

Download

Irrevocable Pledge Agreement

A South African law-governed agreement creating an irrevocable pledge over assets as security for obligations, establishing rights and enforcement mechanisms for the secured party.

Download

Lease Security Agreement

A South African law-governed agreement establishing terms and conditions for lease security deposits, ensuring compliance with local rental housing legislation and protecting both landlord and tenant interests.

Download

Guaranty And Security Agreement

A South African law-governed agreement combining guarantee obligations with security arrangements to secure third-party obligations through both personal undertakings and asset security.

Download

Equipment Security Agreement

A South African law-governed agreement creating security interests over equipment assets, establishing rights and obligations between secured party and equipment owner.

Download

Auto Loan Security Agreement

A South African law-governed agreement creating a security interest in a financed vehicle, establishing loan terms and security arrangements in compliance with local credit legislation.

Download

Personal Security Agreement

A South African law-governed agreement establishing terms and conditions for personal security services, including protection scope, operational procedures, and compliance requirements.

Download

Information Security Agreement

A South African law-governed agreement establishing information security requirements and POPIA compliance measures between parties.

Download

Confidentiality And Security Agreement

South African Confidentiality and Security Agreement incorporating POPIA compliance requirements and comprehensive information protection measures.

Download

Business Security Agreement

A South African law-governed agreement establishing security interests over business assets, detailing the rights and obligations of security providers and holders.

Download

Security Deposit Contract

A South African law-governed agreement establishing terms for handling a security deposit between landlord and tenant, including payment, holding, and return conditions.

Download

Third Party Collateral Agreement

A South African law-governed agreement where a third party provides collateral to secure another party's debt obligations.

Download

Deposit Pledge Agreement

A South African law-governed agreement creating a security interest over a cash deposit as collateral for specified obligations.

Download

Bank Account Pledge Agreement

South African law-governed agreement creating a pledge over bank accounts as security for obligations, including rights to account balances and enforcement mechanisms.

Download

Inventory Security Agreement

A South African law-governed agreement creating security interests over inventory assets, establishing rights and obligations between a grantor and secured party.

Download

Reinsurance Security Agreement

A South African law-governed agreement establishing security arrangements between reinsurer and cedent, detailing collateral requirements and enforcement rights under local insurance regulations.

Download

Third Party Pledge Agreement

A South African law-governed agreement where a third party pledges assets as security for another party's obligations.

Download

Commercial Security Agreement

A South African law-governed agreement creating security interests over assets to secure commercial obligations, compliant with local security and property law requirements.

Download

Collateral Security Agreement

A South African law-governed agreement creating security interests over assets to secure specified obligations, establishing rights and enforcement mechanisms for secured parties.

Download

Stock Issuance Agreement

A South African law-governed agreement detailing the terms and conditions for issuing new company shares to subscribers, including share details, price, and party obligations.

Download

Share Security Agreement

A South African law-governed agreement creating security over shares, establishing rights and enforcement mechanisms for the security provider and recipient.

Download

Promissory Note And Security Agreement

A South African law-governed document combining a promise to pay with security arrangements, establishing both debt obligations and collateral rights.

Download

Collateral Access Agreement

A South African law-governed agreement establishing rights and procedures for accessing and controlling collateral held by a security agent.

Download

Convertible Note Agreement

A South African law-governed agreement for convertible debt investment that can transform into equity shares under specified conditions.

Download

Property Collateral Agreement

A South African law-governed agreement creating security interests over property assets as collateral for financial obligations.

Download

Pledge And Security Agreement

A South African law-governed agreement creating a security interest in specified assets to secure the performance of obligations, detailing pledge arrangements and enforcement rights.

Download

Master Repurchase Agreement

A South African law-governed master agreement establishing terms for repurchase transactions between parties, including pricing, margin requirements, and risk management procedures.

Download

Cross Collateral Agreement

A South African law-governed agreement establishing cross-collateralization of multiple assets as security for various credit facilities.

Download

Asset Pledge Agreement

A South African law-governed agreement establishing a pledge over assets as security for obligations, compliant with local security and property law requirements.

Download

Intercreditor Agreement

A South African law-governed agreement establishing priorities and relationships between multiple creditors in a financing arrangement.

Download
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it