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Where is the cross-default language?

Cross-Default and Cross-Collateralization

  1. GoDocs has two categories that addresses this concept:
    1. Cross-Default Language: F.1 of the GoDocs Loan Agreement addresses the cross-default language in that an event of default under any other loans held by Borrower/Borrower Affiliate and with Lender triggers an event of default under the Lender Loan.
      1. “F.1(i) any event or condition occurs that results in any other indebtedness (i.e. indebtedness other than the Indebtedness secured by the Mortgage), whether now existing or hereafter arising, owing by Borrower or any Borrower Affiliate (as defined below) to Lender becoming due prior to its scheduled maturity or that enables or permits (after the lapse of any applicable cure period) Lender or any trustee or agent on its behalf to cause such indebtedness to become due prior to its scheduled maturity ("Borrower Affiliate" means (i) any entity owned or controlled by Borrower, (ii) any entity commonly owned or controlled by the members or owners of Borrower, (iii) any Guarantor and (iv) any entity owned or controlled by one or more Guarantors);”
      2. The definition of "Lender" includes "subsequent holder(s) of the Note" as seen here -> "Lender" means the Person or Persons identified as "Lender" in the first paragraph of this Loan Agreement, or any subsequent holder(s) of the Note.”
    2. Cross-Collateralization Language: Applies to all future loans, and, to the extent enforceable (e.g., some states require cross-collateralized indebtedness to be specifically identified and memorialized in writing), all current loans. The following can be added as section H.15 of the GoDocs Loan Agreement.
      1. “Cross-Collateralization. Any loans, obligations, liabilities or indebtedness of Borrower or any Borrower Affiliate to Lender, whether now existing or hereafter arising, shall, at Lender’s sole option, be cross-collateralized with this Loan, and to the extent such cross-collateralization requires amendments or modifications to the Loan Documents, Borrower agrees to cooperate in good faith with Lender to accomplish such amendments and/or modifications.”
      2. To best protect its interests, Lender should still utilize GoDoc's UI option to specifically identify any existing collateral being cross-collateralized/cross-defaulted at the time of closing. This will separately trigger any necessary references to cross-collateralized loans.