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The Landlord Lien Waiver And Collateral Access Agreement is essential in South African commercial financing arrangements where tenants seek to use their movable property as collateral for loans while operating from leased premises. Under South African common law, landlords have a tacit hypothec (automatic lien) over tenants' movable property on the premises as security for rent. This can conflict with lenders' security interests in the same assets. The agreement resolves this conflict by having the landlord waive these rights and grant the lender access to the premises to inspect, remove, or sell their collateral if necessary. It's particularly relevant in scenarios involving asset-based lending, equipment financing, or general commercial loans where the tenant's movable assets serve as security. The document must comply with South African property law, security legislation, and commercial practice while balancing the interests of all parties involved.

1. Parties: Identification of the Landlord, Tenant, and Lender (Secured Party) with their full legal details

2. Background: Recitals explaining the lease arrangement, the security interest of the lender, and the purpose of the agreement

3. Definitions: Definitions of key terms including Collateral, Lease, Security Interest, Access Period, and other relevant terms

4. Landlord's Waiver: Express waiver of landlord's liens, claims, and interests in tenant's personal property and collateral

5. Lender's Access Rights: Rights granted to the lender to enter the premises to inspect, remove, or sell collateral

6. Notice Requirements: Procedures and timeframes for notices between parties regarding access, default, or termination

7. Priority of Interests: Clear statement of the priority of the lender's security interest over landlord's rights

8. Insurance and Liability: Requirements for insurance coverage and allocation of liability during access periods

9. Term and Termination: Duration of the agreement and circumstances under which it may be terminated

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