May 27, 2022

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The Dynamics Of Collateral Access Agreement Negotiations

Law360 (April 19, 2021, 5:48 PM EDT) — As the economy emerges from the COVID-19 pandemic, there is likely to be an increase in secured loans made to companies in certain sectors looking to stabilize or expand their operations.

If the assets pledged as collateral are physically located on real property that is leased by the borrower, the lender will need to establish its rights to access and remove the collateral in order to ensure its ability to realize on the collateral in the event of a borrower default. As a result, the lender will typically require or request a collateral access agreement from the borrower’s landlord as a…

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