What Are Cross Defaults?

What is cross default threshold?

Specified Indebtedness default is the focus of the Cross Default clause.

A Threshold Amount is a money figure or its equivalent above which a Non-defaulting Party may exercise its rights following its counterparty’s debt default to terminate all Transactions under the Master Agreement..

What is cross acceleration?

A clause which operates by defaulting a borrower under Agreement A when it defaulted under Agreement B and the lender under Agreement B accelerates repayment. A cross-acceleration provision effectively gives the lender under Agreement A the benefit of the default provisions in Agreement B.

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.

What is the difference between cross default and cross acceleration?

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.

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 acceleration of debt?

An acceleration clause is a contract provision that allows a lender to require a borrower to repay all of an outstanding loan if certain requirements are not met. An acceleration clause outlines the reasons that the lender can demand loan repayment and the repayment required.

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.

What is an ISDA agreement used for?

An ISDA Master Agreement is the standard document regularly used to govern over-the-counter derivatives transactions. Over-the-counter (OTC) derivatives are traded between two parties, not through an exchange or intermediary.

What means cross default?

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.

Is protection for the lender in the event of default by the borrower?

In many agreements, the lender will include a contract provision covering events of default to protect itself in case it appears that the borrower will not be able to or does not intend to continue repaying the loan in the future. … This often is employed if the default risk is beyond a certain point.

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.