However, despite common use, the legal requirements for this security and support documentation are often complex and secure parts can still fall into the trap with SEAs. Here are some of the most common pitfalls – and some tips to avoid them. Companies are generally guarantors of GSAs, although partnerships, LCs and, occasionally, individuals can spend these agreements as investors for your business. Take a professional or lawyer look at your security agreement, as GSAs can be complicated and filled with legal jargon. Make sure the agreement correctly lists all your information and understands what happens if you are default. They don`t want any surprises when it comes to legal documents. intellectual property. Canadian federal laws govern trademarks, patents and certain other forms of intellectual property. Many of these laws are unclear, so a safe party is required to register GSA security on such assets nationally, in addition to enrollment in the PPR. The parties should have legal advice on this issue.
The trap? Sometimes the provisions of the GSA do not comply with the letter of commitment or the loan agreement. This can lead to insecurity and litigation. The hose? Funding Statement Renewal. The insured party must renew the funding statement on a regular basis to ensure that its registration remains valid. The insured party may also have to change the financing plan if the debtor changes its name, participates in a merger or the debtor transfers the secured collateral to a third party and the insured party wishes to retain its security against the transferred assets. Check the consistency. When adapting an ASS to a transaction, it is important to check both the GSA, the letter of commitment or the loan agreement to ensure that they are consistent. It also implies that the GSA guarantees the entire personal wealth by which the insured party needs security, in accordance with the requirements of the letter of commitment or the loan agreement. Due Diligence and Corporate Action.
Counsel for the debtor should issue an opinion stating that he has implemented all necessary legal due diligence and the debtor has taken appropriate business steps to approve the GSA. This includes a review by counsel of all relevant GSA laws, such as . B corporate financial support laws that prohibit a debtor from providing such a guarantee, unless he meets some complex financial tests. For business loans, a GSA is usually provided by a company.