The Collateral Assignment of Lease serves as a crucial financing tool in U.S. commercial transactions, enabling tenants to leverage their leasehold interests to secure funding. This document is commonly used when a business needs to obtain financing and the lease represents a valuable asset. It provides lenders with security while allowing the tenant to continue normal business operations. The assignment must comply with state property laws, UCC Article 9, and often requires landlord consent. It includes detailed provisions regarding the rights and obligations of all parties, default remedies, and the scope of the security interest.
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1. Parties: Identification of assignor, assignee, and acknowledgment of original landlord
2. Background: Context of the original lease and purpose of the collateral assignment
3. Definitions: Key terms including Lease, Security Interest, Obligations, Default
4. Assignment: Core provisions detailing the collateral assignment of lease rights
5. Security Interest: Description of the security interest being created
6. Rights and Obligations: Ongoing rights and obligations of all parties
7. Default Provisions: Consequences and remedies upon default
8. Term and Termination: Duration and conditions for termination
1. Insurance Requirements: Additional insurance requirements when specific coverage is required by assignee
2. Assignment and Subletting: Further assignment rights provisions when subsequent assignments may be permitted
3. Environmental Provisions: Environmental compliance requirements for commercial properties with environmental concerns
1. Schedule A - Original Lease: Copy of the original lease being assigned
2. Schedule B - Property Description: Legal description of the leased premises
3. Schedule C - Landlord Consent: Written consent from the original landlord if required
4. Schedule D - Secured Obligations: Description of the obligations secured by the assignment
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