Security Agreement between Caldera Systems, Inc. and The Canopy Group, Inc. regarding borrowing of funds and granting of security interest in assets dated September 1, 1998. 4 pages.
The Missouri Security Agreement is a legally binding document that outlines the terms and conditions under which a borrower can acquire funds and grant a security interest in assets to a lender. It serves as a protection mechanism for lenders, ensuring that they have a legal claim over designated assets in case the borrower defaults on the loan. This agreement is governed by the laws of the state of Missouri and is often used in commercial and business transactions. In a typical Missouri Security Agreement, there are several key elements that are essential to include. These include: 1. Borrower and Lender Information: The agreement starts by identifying the borrower and lender, providing their legal names, addresses, and contact information. 2. Recitals: This section sets out the purpose and background of the agreement, often mentioning the loan amount, interest rate, and repayment terms. 3. Grant of Security Interest: The borrower pledges specific assets, known as collateral, as security for the loan. The agreement describes these assets in detail, including their description, location, and any applicable serial numbers or identification marks. 4. Representations and Warranties: Both parties make certain statements and guarantees about their legal authority, ownership rights, and the accuracy of information stated in the agreement. 5. Perfection of Security Interest: This section explains the steps the borrower needs to take to perfect the security interest granted to the lender. Common methods include filing a UCC-1 financing statement with the Missouri Secretary of State or recording the agreement with the appropriate county office. 6. Default and Remedies: The agreement outlines the conditions under which a default occurs, such as non-payment or violation of other terms, and specifies the rights and remedies available to the lender, including repossessing or selling the collateral to recover the outstanding debt. 7. Governing Law and Jurisdiction: The agreement specifies that it is governed by Missouri state law and identifies the location or court where any disputes will be resolved. Types of Missouri Security Agreements related to borrowing funds and granting security interest in assets may include: 1. Real Estate Security Agreement: This type of agreement focuses on securing loans with real property, such as land, buildings, or mortgages. 2. Chattel Security Agreement: Chattel refers to movable personal property. This agreement primarily pertains to loans secured by assets like equipment, inventory, or vehicles. 3. Agricultural Products Security Agreement: Specifically tailored for loans related to agricultural products, livestock, crops, or farm equipment. 4. Intellectual Property Security Agreement: Designed for loans secured by intangible assets, such as patents, trademarks, copyrights, or licenses. It is crucial for borrowers and lenders in Missouri to carefully draft and review the Security Agreement to ensure compliance with state laws and protect their respective interests. Consulting with legal professionals experienced in Missouri laws and regulations is highly recommended creating a comprehensive and enforceable Security Agreement.
The Missouri Security Agreement is a legally binding document that outlines the terms and conditions under which a borrower can acquire funds and grant a security interest in assets to a lender. It serves as a protection mechanism for lenders, ensuring that they have a legal claim over designated assets in case the borrower defaults on the loan. This agreement is governed by the laws of the state of Missouri and is often used in commercial and business transactions. In a typical Missouri Security Agreement, there are several key elements that are essential to include. These include: 1. Borrower and Lender Information: The agreement starts by identifying the borrower and lender, providing their legal names, addresses, and contact information. 2. Recitals: This section sets out the purpose and background of the agreement, often mentioning the loan amount, interest rate, and repayment terms. 3. Grant of Security Interest: The borrower pledges specific assets, known as collateral, as security for the loan. The agreement describes these assets in detail, including their description, location, and any applicable serial numbers or identification marks. 4. Representations and Warranties: Both parties make certain statements and guarantees about their legal authority, ownership rights, and the accuracy of information stated in the agreement. 5. Perfection of Security Interest: This section explains the steps the borrower needs to take to perfect the security interest granted to the lender. Common methods include filing a UCC-1 financing statement with the Missouri Secretary of State or recording the agreement with the appropriate county office. 6. Default and Remedies: The agreement outlines the conditions under which a default occurs, such as non-payment or violation of other terms, and specifies the rights and remedies available to the lender, including repossessing or selling the collateral to recover the outstanding debt. 7. Governing Law and Jurisdiction: The agreement specifies that it is governed by Missouri state law and identifies the location or court where any disputes will be resolved. Types of Missouri Security Agreements related to borrowing funds and granting security interest in assets may include: 1. Real Estate Security Agreement: This type of agreement focuses on securing loans with real property, such as land, buildings, or mortgages. 2. Chattel Security Agreement: Chattel refers to movable personal property. This agreement primarily pertains to loans secured by assets like equipment, inventory, or vehicles. 3. Agricultural Products Security Agreement: Specifically tailored for loans related to agricultural products, livestock, crops, or farm equipment. 4. Intellectual Property Security Agreement: Designed for loans secured by intangible assets, such as patents, trademarks, copyrights, or licenses. It is crucial for borrowers and lenders in Missouri to carefully draft and review the Security Agreement to ensure compliance with state laws and protect their respective interests. Consulting with legal professionals experienced in Missouri laws and regulations is highly recommended creating a comprehensive and enforceable Security Agreement.