Hypothecation Clause Samples

A hypothecation clause allows a borrower to pledge an asset as collateral for a loan while retaining ownership and possession of the asset. In practice, this means that if the borrower defaults on the loan, the lender has the right to seize the pledged asset to recover the outstanding debt, but until default occurs, the borrower continues to use the asset. This clause is commonly used in financial agreements involving movable property, such as vehicles or inventory, and serves to secure the lender’s interest while enabling the borrower to utilize the asset in their business or personal activities. Its core function is to provide security for the lender without requiring the transfer of possession, thereby facilitating access to credit for the borrower.
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Hypothecation. Tenant shall not hypothecate, mortgage or encumber Tenant’s interest in this Lease or in the Premises or otherwise use this Lease as a security device in any manner without the consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. Consent by Landlord to any such hypothecation or creation of a lien or mortgage shall not constitute consent to an assignment or other transfer of this Lease following foreclosure of any permitted lien or mortgage.
Hypothecation. The Borrower shall cause the Hypothecator(s) and the Hypothecator(s) shall agree, to the satisfaction of IHFL, to hypothecate, encumber, charge, pledge and/or assign (by way of Security) the Hypothecated Asset(s) exclusively in favour of IHFL. The Borrower shall cause the Hypothecator(s) to promptly submit with IHFL (if so requested by IHFL) all the original documents of the Hypothecated Asset(s) duly endorsing the lien/hypothecation in favour of IHFL. The Borrower(s) shall forthwith deposit or shall cause to be deposited the Receivables directly in an escrow account(s) (and to no other account) as may be stipulated/agreed by IHFL and shall forthwith execute escrow agreement(s) in a form satisfactory to IHFL with respect to deposit of the Receivables into the escrow account(s) and transfer of amounts into IHFL’s specified bank account(s) on the Due Date(s). The Receivables shall be utilized/transferred in a manner as approved/instructed by IHFL in writing from time to time. It is hereby clarified that in case of shortfall in the escrow account(s), payment default(s) by the Borrower(s) and/or occurrence of an Event of Default, the Borrower(s) is/shall be under an obligation to pay from any source so as to pay the amount(s) payable in accordance with the Loan Documents to IHFL. The Borrower(s) undertake to forthwith issue irrevocable instructions (in a format acceptable to IHFL) to all the concerned persons for deposit of the Receivables only in the escrow account(s) and obtain confirmations in this regard (and forthwith provide a copy thereof to IHFL) from all such person(s). The Borrower(s) shall not give any instruction(s) to the escrow agent(s) and the escrow agent(s) shall not in any circumstance act on any instruction(s) of the Borrower(s). The borrower undertake to, and the borrower shall cause the other Borrower(s) to, irrevocably appoint IHFL as its attorney by execution of a Power of Attorney for collection of Receivables (in the form and substance satisfactory to IHFL) in favour of IHFL for, inter alia, collection of the Receivables from all the concerned persons. The borrower further, agree that such power(s) would be power(s) coupled with interest and therefore irrevocable.
Hypothecation. Within the limitations imposed by applicable laws, rules and regulations, all securities now or hereafter held by the Broker, or carried by the Broker in any Customer Account (either individually or jointly with others), or deposited to secure them, may from time to time, without any notice, be carried in the Broker’s general loans and may be pledged, repledged, hypothecated or re-hypothecated, separately or in common with other securities for the sum due to the Customer thereon or for a greater sum and without retaining in the Customer possession or control for delivery a like amount of similar securities. The IRS requires Broker- Dealers to treat dividend payments on loaned securities positions as payments received in lieu of dividends for 1099 tax reporting purposes. Taxation of substitute dividend payments may be greater than ordinary on qualified dividends. It is understood, however, that the Broker agrees to deliver to the Customer upon demand and upon payment of the full amount due thereon, all securities in such accounts, but without obligation to deliver the same certificates or securities deposited by the Customer originally. Any securities in the Customer’s margin account may be borrowed by the Broker, or lent to others.
Hypothecation. Within the limitations imposed by applicable laws, rules and regulations, all securities now or hereafter held by you, or carried by you in any account for the Customer (either individually or jointly with others), or deposited to secure same, may from time to time, without any notice, be carried in your general loans and may be pledged, repledged, hypothecated or rehypothecated, separately or in common with other securities for the sum due to you thereon or for a greater sum and without retaining in your possession or control for delivery a like amount of similar securities. The IRS requires Broker Dealers to treat dividend payments on loaned securities positions as payments received in0lieu of dividends for 1099 tax reporting purposes. Taxation of substitute dividend payments may be greater than ordinary on qualified dividends. It is understood, however, that you agree to deliver to the Customer upon demand and upon payment of the full amount due thereon, all securities in such accounts, but without obligation to deliver the same certificates or securities deposited by the Customer originally. Any securities in the Customer’s margin or short account may be borrowed by you, or lent to others.
Hypothecation. In consideration of the premises, the Borrower hereby charges/ hypothecates and creates an exclusive first ranking charge in favour of USFB, on the property/ asset more fully specified in the Schedule B hereunder (hereinafter referred as the "Hypothecated Security") with an intention to secure Facility granted/ to be granted by USFB to the Borrower and the interest thereon and charges.
Hypothecation. The Borrower shall hypothecate and create a charge in favour of the Bank as and by way of a first and exclusive charge on all the movable properties more particularly provide under the head of Security in the Schedule hereunder written, which shall subsist and continue until repayment by the Borrower to the Bank of the principal amount of the Loan in full and also payment of all interest and all other monies as may be payable under this Agreement. The Borrower further agrees that the Security shall also be security for all other monies that may be due and payable by the Borrower to the Bank on any account whatsoever, whether present or future, including the liability of the Borrower as a surety or co-obligor either simply or along with any other person. The Borrower agrees with, and undertakes to the Bank that the Bank shall have an exclusive charge over the Security and that the Borrower shall not create any manner of interest in the Security or any of them in favour of any other person or body, except with the prior written consent of the Bank. The Parties shall execute a Hypothecation Deed in respect of the same.
Hypothecation. (a) In order to secure the full and punctual payment and performance of all present and future Indebtedness, the Mortgagor does by these presents specially mortgage, affect, hypothecate, pledge and assign unto and in favor of the Lender, to inure to the use and benefit ofthe Lender, all of Mortgagor’s right, title and interest in and to the following described property, to-wit: (1) The Mineral Properties, together with all rents, issues, profits, products and proceeds, whether now or hereafter existing or arising, from the Mineral Properties. (2) The Mortgagor’s rights in the improvements and other constructions now or hereafter located on the Mineral Properties, including without limitation the Equipment, to the extent (i) any such property should constitute or be deemed to constitute immovable property for the purposes of Louisiana law, including without limitation any buildings, platforms, structures, towers, rigs or other immovable property or component parts thereof, or (ii) any such property is otherwise susceptible of mortgage pursuant to Louisiana Civil Code Article 3286 or Louisiana Mineral Code Article 203. The descriptions of the Mineral Properties contained in Exhibit A are amplified by the explanations contained in Exhibit 1 attached hereto and made a part hereof. All of the foregoing property and rights covered by and subject to this Mortgage are herein collectively referred to as the “Mortgaged Property.” SUBJECT, however, the condition that the Lender shall not be liable in any respect for the performance of any covenant or obligation of the Mortgagor in respect of the Mortgaged Property. The Mortgaged Property is to remain so specially mortgaged, affected and hypothecated unto and in favor of Lender until the full and final payment or discharge of the Indebtedness, and Mortgagor is herein and hereby bound and obligated not to sell or alienate the Mortgaged Property to the prejudice of this act. (b) In the event that the Mortgagor acquires (by operation of law or otherwise) additional undivided interests in some or all of the Mineral Properties, this Mortgage shall automatically encumber such additions or increases to the Mortgagor’s interest in the Mineral Properties without need of further act or document. Further, in the event the Mortgagor becomes the owner of an interest in any part of the land described either in Exhibit A or in the documents described in Exhibit A or otherwise subject to or covered by the Mineral Properties, this Mor...
Hypothecation. The Borrower(s) shall cause the Hypothecator(s) and the Hypothecator(s) shall agree, to the satisfaction of the Lender, to hypothecate, encumber, charge, pledge and/or assign (by way of Security) the Hypothecated Asset(s) exclusively in favour of the Lender. If so required by the Lender, the Obligor(s) shall forthwith deposit or shall cause to be deposited the Receivables directly in an escrow account(s) (and to no other account) as may be stipulated/agreed by the Lender and shall forthwith execute escrow agreement(s) in a form satisfactory to the Lender with respect to deposit of the Receivables into the escrow account(s) and transfer of amounts into the Lender's specified bank account(s) on the Due Date(s).
Hypothecation. (i) The Borrower do hereby hypothecate and charge by way of first exclusive charge to and in favour of the Lender for the Credit Facilities mentioned hereinabove the whole of the Borrower’s present and future stocks of raw materials, goods in process of manufacture, semi-finished goods and all finished and manufactured goods and articles together with all stores, components and spares which now belongs to or may hereafter from time to time during the continuance of this security belong to the Borrower and which are or shall or may be brought into stored or be in or upon or about the Borrower’s factory, godowns and/or their premises wherever else the same may be situated, stored, or lying or being including any such raw materials, inventories, article or goods, any stores spares and components or other similar moveable assets in course of transit or delivery to the Borrower and all of which hereinafter for sake of brevity are referred to as the said “Stocks” and all of the Borrower’s present and future book debts, outstanding monies, receivables, claims, bills, investments, rights to or on moveable properties and moveable assets forming part of current assets which are now due owing or payable or belonging to the Borrower or which may at any time hereafter during the continuance of this security become due, owing payable or belonging to the Borrower in the course of its business and all of which hereinafter for sake of brevity are referred to as the said “Book Debts” and together with all benefits, advantages and legal incidence thereof and All the Borrower’s present and future movable plant, machinery, vehicles and equipments belonging to the Borrower which now are, or may hereinafter from time to time during the subsistence of this Agreement or during the subsistence of the securities hereby created, be brought in or stored in or about the Borrower’s factories, premises, warehouses and godowns including any plant/ machineries/vehicles/equipment’s in the course of transit or delivery wherever lying or parked and all of which hereinafter for sake of brevity are referred to as the said “Plant & Machinery”. The moveable/immovable assets hereby hypothecated including the aforesaid Stocks, Book Debts and Plant and Machinery are hereinafter collectively referred to as the “Hypothecated Assets”. (ii) The said Hypothecated Assets which are hereby hypothecated by the Borrower to and in favour of the Lender by way of First exclusive charge shall be remain as securit...
Hypothecation. Within the limitations imposed by applicable laws, rules and regulations, all securities now or hereafter held by Robinhood, or carried by Robinhood in any account for the Customer (either individually or jointly with others), or deposited to secure same, may from time to time, without any notice, be carried in its general loans and may be pledged, repledged, hypothecated or re- hypothecated, separately or in common with other securities for the sum due to Robinhood thereon or for a greater sum and without retaining in its possession or control for delivery a like amount of similar securities. The IRS requires broker dealers to treat dividend payments on loaned securities positions as payments received in lieu of dividends for 1099 tax reporting purposes. Taxation of substitute dividend payments may be greater than ordinary on qualified dividends. It is understood, however, that ▇▇▇▇▇▇▇▇▇ agree to deliver to the Customer upon demand and upon payment of the full amount due thereon, all securities in such accounts, but without obligation to deliver the same certificates or securities deposited by the Customer originally. Any securities in the Customer’s margin or short account may be borrowed by Robinhood, or lent to others.