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Oklahoma Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness

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Multi-State
Control #:
US-00769BG
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Description

This form deals with a situation where a Lender and Debtor have previously entered into a Promissory Note and Security Agreement and the Debtor has defaulted under the Note and Security Agreement for failure to make timely payments. Pursuant to this Agreement, Lender has agreed to forbear for a limited time from immediately enforcing its rights against the Collateral to permit the Debtor a short period of time to repay the debt and liquidate the Collateral.

Oklahoma Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness is a legal document that outlines the terms and conditions under which a debtor will transfer their collateral to a creditor in order to satisfy their outstanding indebtedness. This agreement is an important tool for both debtors and creditors as it governs the process of liquidating assets and resolving financial obligations. In Oklahoma, there are several types of Liquidation Agreements that can be entered into by debtors and creditors to address different scenarios. These agreements may vary based on the specific collateral involved, the nature of the debt, and the desired outcome of both parties. Some common types of Oklahoma Liquidation Agreements regarding Debtor's Collateral in Satisfaction of Indebtedness include: 1. Real Estate Liquidation Agreement: This type of agreement specifically deals with the liquidation of real property owned by the debtor to satisfy their outstanding debt. It outlines the details of the sale or transfer of the property, including the purchase price, terms of payment, and any other relevant conditions. 2. Vehicle Liquidation Agreement: If the debtor's collateral includes vehicles such as cars, trucks, or motorcycles, a Vehicle Liquidation Agreement is used. This agreement outlines the process of selling or transferring the vehicle to the creditor to fulfill the debtor's indebtedness. 3. Equipment Liquidation Agreement: In cases where the debtor has pledged equipment or machinery as collateral, an Equipment Liquidation Agreement is employed. This agreement specifies the terms of the liquidation process, including valuation, sale, or transfer of the equipment to satisfy the debtor's obligations. 4. Inventory Liquidation Agreement: When the debtor's collateral consists of inventory or stock, an Inventory Liquidation Agreement is utilized. This agreement covers the sale, disposal, or transfer of the inventory to the creditor as a means of resolving the debtor's indebtedness. Regardless of the type of Liquidation Agreement, the document typically includes provisions related to the identification and description of the collateral, the terms and conditions of the liquidation process, the allocation of proceeds, potential liabilities, warranties, and any additional agreements or understandings between the debtor and creditor. It is crucial for both debtors and creditors to understand the implications and obligations outlined in the Oklahoma Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness, as it serves as a legally binding contract that governs the rights and responsibilities of both parties throughout the process of collateral liquidation. Seeking legal advice and guidance is advised to ensure compliance with applicable laws and to protect one's interests.

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How to fill out Oklahoma Liquidation Agreement Regarding Debtor's Collateral In Satisfaction Of Indebtedness?

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FAQ

If you have not filed a UCC-1, then you are considered unsecured, and as such, you are placed in the ?back of the line,? behind the secured creditors. Secured creditors are taken care of first in the division of assets.

A UCC filing is the official notice lenders use to indicate that they have a security interest in a borrower's assets or property. The UCC filing establishes a lien against the collateral the borrower uses to secure the loan ? giving the lender the right to claim that collateral as repayment in the case of default.

What makes someone a secured party? To put it in simple terms, the secured party is the creditor on the UCC loan. The creditor is the secured party because they have a financial interest in the collateral which the lien is on.

§15-221. "Construction agreement" defined - Limitations on liability arising out of death or bodily injury void - Exceptions.

The secured party may petition the court for a judgment against the borrower. It may also utilize available judicial procedures to repossess, foreclose, or otherwise enforce the claim against the property secured by the UCC statement.

15, § 219A. Noncompetition agreements: Unlawful Contracts ? Oklahoma. Prohibits noncompete contracts except those written to protect the sale of goodwill of a business, dissolution of a partnership or those that prohibit only the direct solicitation of established customers of the former employer.

Ask the lender to terminate the lien upon payoff. When you pay off a loan, a good rule of thumb is to immediately submit a request with the lender to file a UCC-3 form with your secretary of state. The UCC-3 will terminate the lien on your company's asset (or assets) and remove the UCC-1 filing.

Thus, when the collateral is not in the possession of the secured party, a security agreement must be in writing to be enforceable. The agreement must be signed by the debtor, contain a description of the property, and the description must reasonably identify the property involved (the collateral).

More info

This form deals with a situation where a Lender and Debtor have previously entered into a Promissory Note and Security Agreement and the Debtor has ... ... DEBTOR'S NAME – provide only one Debtor name (2a or 2b)(use exact, full name; do not omit, modify, or abbreviate any word in the Debtor's name). 2a ...This Amended and Restated Loan Agreement (this “Agreement”) is made as of July 29, 2022, among INTERNATIONAL BANK OF COMMERCE, an Oklahoma banking corporation, ... This Agreement creates a valid and binding security interest in favor of the Secured Parties in the Collateral, which security interest secures all of the ... Therefore, Smith had to enter into a security agreement with COG (debtor), which adequately described the collateral, reduce it to writing, have it signed by ... ... a support order, changes in the interest rate pursuant to an adjustable rate agreement or for any other reason, then the creditor shall file with the Court ... The lender in making a loan may charge a reasonable sum for the preparation of necessary papers and for inspection of collateral by agreement with the debtor. No Order shall be entered in any Case authorizing any Debtor to use Cash Collateral, unless, in addition to the satisfaction of all requirements of Code § 363 ... Control works to perfect an interest in collateral held by a third party by agreement for the benefit of the lender. Article. 9 of the UCC permits perfection of ... by R Sachs · Cited by 1 — A lender who obtains security for and a guarantee of its loan may mistakenly presume that recovery in the event of the bor- rower's default is assured.

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Oklahoma Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness