- Why are termination clauses important?
- Why is cross collateralization bad?
- What is termination contract?
- What is a cross default provision?
- What is cross acceleration vs cross default?
- What is cross termination?
- What is the minimum transfer amount?
- Why is ISDA required?
- How does cross collateralization work?
- What is threshold amount in ISDA?
- How do you get around cross collateralization?
- What is minimum threshold amount?
- What is a negative pledge clause?
- Can banks cross collateralize?
- What is a cross collateral cross default agreement?
- What is a default clause?
- What is a termination for convenience?
Why are termination clauses important?
When two parties do business together, working with a written contract can help avoid misunderstandings between them.
The termination clause in an agreement establishes how the parties end their business relationship and what their respective responsibilities are when the relationship ends..
Why is cross collateralization bad?
Another major downfall of cross collateralisation occurs if you want to sell one, or more, of your properties. This is because you are essentially changing the terms of your contract with your lender. By selling one property you are taking it away from your lender as security and changing your loan-to-value ratio.
What is termination contract?
To terminate a contract means to end the contract prior to it being fully performed by the parties. … In general, the effect of the termination of a contract is to discharge the parties from their unperformed obligations under the contract.
What is a cross default provision?
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 cross acceleration vs cross default?
In contrast to a cross-acceleration, a cross-default clause in Agreement A causes an automatic event of default under that agreement when the borrower defaults under Agreement B, even if the lender under Agreement B does not accelerate repayment. …
What is cross termination?
A termination provision typically specifies the length of the agreement while allowing one or both parties to cancel under certain circumstances (for example, with 30 days written notice). …
What is the minimum transfer amount?
Minimum Transfer Amount or “MTA”: This is really an operational measure, to avoid the hassle of transferring trivial amounts where the Exposure hasn’t changed a great deal overnight. So the Minimum Transfer Amount is simply the smallest amount you have to be bothered transferring over.
Why is ISDA required?
Banks and other corporations around the world use ISDA Master Agreements. The ISDA Master Agreement also makes transaction closeout and netting easier, as it bridges the gap between various standards used in different jurisdictions. … Banks require corporate counterparties to sign an agreement to enter into swaps.
How does cross collateralization work?
Cross collateralization is a method used by lenders to use the collateral of one loan, such as a car, to secure another loan you have with the lender. … Worse, if you fall behind on another unsecured loan, such as a credit card, the lender can repossess your car.
What is threshold amount in ISDA?
Threshold Amount – the Threshold Amount sets the limit above which an Event of Default under Cross Default may be triggered. This can range from zero to a fixed sum of X million or, as is commonly the case, a fixed percentage of shareholders’ equity or a fund’s net asset value.
How do you get around cross collateralization?
Typically, a re-affirmation agreement may be a good deal if it lowers an interest rate, lowers a monthly payment or eliminates a cross-collateralization clause. Another option for dealing with a cross-collateralization clause is to file a Chapter 13 Bankruptcy.
What is minimum threshold amount?
Minimum Threshold Amount means (a) as of the date hereof, $100,000,000; and (b) at any time after the date hereof, $100,000,000 or such higher amount for Material Indebtedness (as defined in the Primary Credit Agreement) as may be specified in the Primary Credit Facility from time to time, and, if for any reason no …
What is a negative pledge clause?
A negative pledge clause is a type of negative covenant that prevents a borrower from pledging any assets if doing so would jeopardize the lender’s security. This type of clause may be part of bond indentures and traditional loan structures.
Can banks cross collateralize?
Cross collateralization clauses can easily be overlooked, leaving people unaware of the multiple ways they might lose their property. Financial institutions often cross collateralize property if a customer takes out one of its loans and then follows up with other financing from that same bank.
What is a cross collateral 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. … In most cases, both clauses will appear together.
What is a default clause?
A default clause is a provision in a legal contract that states what will happen if either party in a contract defaults or fails to hold up their end of the agreement. These clauses can be found in any type of contract including loan agreements, lease agreements, and property agreements.
What is a termination for convenience?
Related Content. A contractual provision that enables an owner to terminate the contract of a contractor, construction manager, or design-builder (builder) for reasons other than the builder’s contractual default.