Assignment & Postponement of Claim - Limited

for Your State

This Assignment and Postponement of Claim (Limited) assigns a lender's claims in favor of a new lender. This assignment sets out the specific terms including the limitations of liability.

For Immediate Download

$19.95 Add to Cart
Free eSignature included
with every order
Please select a state

File types included

  • Microsoft Word
  • Adobe PDF
  • WordPerfect
  • Rich Text Format

Compatible with

  • Windows
  • Mac OS X
  • Linux

For Immediate Download

$19.95 Add to Cart
Free eSignature included
with every order
Please select a state

Attorney prepared

Our forms are kept up-to-date and accurate by our lawyers

Unlike other sites, every document on FindLegalForms.com is prepared by an attorney, so you can be sure that you are getting a form that is accurate and valid in your state.

Valid in your state

Our forms are guaranteed
to be valid in your state

Our team works tirelessly to keep our products current. As the laws change in your state, so do our forms.

Over 3,500,000
satisfied customers

In over 10 years of creating and selling legal forms, our focus has never changed: providing our customers high quality legal products, low prices and an experience that takes some confusion out of the law.

Free eSignature

Sign your form online, free with any form purchase

We now provide a free Electronic Signature Service to all of our visitors. There are no hidden charges or subscription fees, it's just plain free.

60-Days Money Back

Try our forms with no risk

If you are unhappy with your form purchase for any reason at all, contact us within 60 days and we will refund 100% of your money back.
This Assignment and Postponement of Claim (Limited) is between a lender who agrees to assign another lender all present debts and liabilities owed by a borrower. This agreement sets out the specific terms of this arrangement including grantor's postponement of any claims in favor of the other lender and limitations of liability under this arrangement. It is imperative that this assignment be clearly set forth in writing. A written Assignment and Postponement of Claim (Limited) will prove useful in the event of borrower's default or insolvency.

This Assignment and Postponement of Claim (Limited) includes:
  • Parties: Sets forth the names of the original lender, new lender and borrower;
  • Assignment: Sets out that all future debts owed by borrower will be assigned to the new lender;
  • Postponement: Lender agrees to postpone claims against borrower to new lender;
  • Signatures: This assignment must be signed by all parties.

Protect yourself and your rights by using our attorney-prepared forms.

This attorney-prepared packet contains:
  1. General Information
  2. Assignment and Postponement of Claim (Limited)
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Assignment and Postponement
of Claim (Limited)

 

 

TO:   [Name of Lender] (the "Lender")
For valuable consideration, and in connection with dealings between [Name of Lender] ("the Lender") and [Name of Borrower] (the "Borrower"), I, the undersigned grantor, agree with the Lender as follows:
1.   Definitions. In this Agreement:
(a)   "I", "me" and "my" mean the Person who has signed this Agreement and if two or more Persons sign, each of them; and,
(b)   "Person" includes a natural person, personal representative, partnership, corporation, association, organization, estate, trade union, church or other religious organization, syndicate, joint venture, trust, trustee in bankruptcy, government and government body and any other entity.
2.   Assignment. I assign to the Lender all present and future debts and liabilities which are or will be owing to me (my "Claims") by the Borrower.
3.   Postponement. I postpone my Claims to the Lender's claims against the Borrower.
4.   Money, etc. held in trust. If I receive any money or other property in payment of my Claims, I will hold it in trust for, and immediately pay it to, the Lender.
5.   Limited Liability. My liability under this Agreement is limited to the principal sum of [Limitation on Liability of Assignor to Lender (ie. $50,000.00)] plus interest (including compound interest) from date of the Lender's demand for payment upon me or the Borrower at the rates (and in the currency) applicable to the corresponding Borrower's liabilities.
6.   Dealing with Claims. I will not do any of the following without the Lender's prior written consent (i) release or withdraw any of my Claims (ii) assign any of my Claims to any person other than the Lender, (iii) permit any of my Claims to lapse under any statute of limitations, or (iv) ask for or accept any security, negotiable paper or other evidence of my Claims.
7.   Absolute Obligation. My obligation under this Agreement is absolute and unconditional. It will not be limited or reduced, nor will the Lender be responsible or owe any duty (as a fiduciary or otherwise) to me, nor will the Lender's rights under this Agreement be prejudiced by the existence or occurrence (with or without my knowledge or consent) of any event whatsoever.
8.   Payment on Demand. the Lender may at any time demand that the Borrower pay to the Lender the amount of my Claims.
9.   Notice by the Lender. Any notice to me under this Agreement will be valid if mailed prepaid first class mail to my last known address as disclosed in the Lender's records.
10.   Bankruptcy, etc. of the Borrower. If the Borrower becomes bankrupt or insolvent or the Lender files any claim for payment with any trustee or receiver, the Lender may require that I will immediately pay to the Lender any money or other property that the Borrower has paid to me in respect of my Claims.
11.   Further Documents. I will from time to time immediately, upon request by the Lender, take any action (including signing and delivering financing statements, financing change statements, statements of claim, proofs of claim, assignments or other documents) as the Lender may require in connection with this Agreement or as the Lender may consider necessary to give effect to this Agreement.
12.   Termination. I may discontinue further obligations to the Lender under this Agreement by written notice to the above-noted Bank Office. I will, however, continue to be liable under this Agreement in connection with any of my Claims existing as of the 30th day after the Lender receives my notice.
13.   Statement Conclusive. Except for demonstrative errors or omissions, the amount appearing due in any account stated or settled between the Lender and the Borrower will be conclusive as to that amount being due.
14.   General. Any provision of this Agreement that is void or unenforceable in a jurisdiction is, as to that jurisdiction, ineffective to that extent without invalidating the remaining provisions. This Agreement is in addition and without prejudice to any security of any kind now or in the future held by the Lender.
15.   Governing Law. This Agreement is governed by the laws of the State of [State of Borrower (ie. California)] (without reference to the choice of law rules). I irrevocably agree to submit to the non-exclusive jurisdiction of its courts.
16.   Copy Received. I acknowledge having received a copy of this Agreement.
IN WITNESS WHEREOF the undersigned has executed this Agreement this _____ day of ____________________, 2002.
 
 
 
 
Witness
 
[Name of 1st Assignor]
 
 
 
Witness
 
[Name of 2nd Assignor]
 
Number of Pages5
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28601
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Assignment and Postponement
of Claim (Limited)

 

 

TO:   [Name of Lender] (the "Lender")
For valuable consideration, and in connection with dealings between [Name of Lender] ("the Lender") and [Name of Borrower] (the "Borrower"), I, the undersigned grantor, agree with the Lender as follows:
1.   Definitions. In this Agreement:
(a)   "I", "me" and "my" mean the Person who has signed this Agreement and if two or more Persons sign, each of them; and,
(b)   "Person" includes a natural person, personal representative, partnership, corporation, association, organization, estate, trade union, church or other religious organization, syndicate, joint venture, trust, trustee in bankruptcy, government and government body and any other entity.
2.   Assignment. I assign to the Lender all present and future debts and liabilities which are or will be owing to me (my "Claims") by the Borrower.
3.   Postponement. I postpone my Claims to the Lender's claims against the Borrower.
4.   Money, etc. held in trust. If I receive any money or other property in payment of my Claims, I will hold it in trust for, and immediately pay it to, the Lender.
5.   Limited Liability. My liability under this Agreement is limited to the principal sum of [Limitation on Liability of Assignor to Lender (ie. $50,000.00)] plus interest (including compound interest) from date of the Lender's demand for payment upon me or the Borrower at the rates (and in the currency) applicable to the corresponding Borrower's liabilities.
6.   Dealing with Claims. I will not do any of the following without the Lender's prior written consent (i) release or withdraw any of my Claims (ii) assign any of my Claims to any person other than the Lender, (iii) permit any of my Claims to lapse under any statute of limitations, or (iv) ask for or accept any security, negotiable paper or other evidence of my Claims.
7.   Absolute Obligation. My obligation under this Agreement is absolute and unconditional. It will not be limited or reduced, nor will the Lender be responsible or owe any duty (as a fiduciary or otherwise) to me, nor will the Lender's rights under this Agreement be prejudiced by the existence or occurrence (with or without my knowledge or consent) of any event whatsoever.
8.   Payment on Demand. the Lender may at any time demand that the Borrower pay to the Lender the amount of my Claims.
9.   Notice by the Lender. Any notice to me under this Agreement will be valid if mailed prepaid first class mail to my last known address as disclosed in the Lender's records.
10.   Bankruptcy, etc. of the Borrower. If the Borrower becomes bankrupt or insolvent or the Lender files any claim for payment with any trustee or receiver, the Lender may require that I will immediately pay to the Lender any money or other property that the Borrower has paid to me in respect of my Claims.
11.   Further Documents. I will from time to time immediately, upon request by the Lender, take any action (including signing and delivering financing statements, financing change statements, statements of claim, proofs of claim, assignments or other documents) as the Lender may require in connection with this Agreement or as the Lender may consider necessary to give effect to this Agreement.
12.   Termination. I may discontinue further obligations to the Lender under this Agreement by written notice to the above-noted Bank Office. I will, however, continue to be liable under this Agreement in connection with any of my Claims existing as of the 30th day after the Lender receives my notice.
13.   Statement Conclusive. Except for demonstrative errors or omissions, the amount appearing due in any account stated or settled between the Lender and the Borrower will be conclusive as to that amount being due.
14.   General. Any provision of this Agreement that is void or unenforceable in a jurisdiction is, as to that jurisdiction, ineffective to that extent without invalidating the remaining provisions. This Agreement is in addition and without prejudice to any security of any kind now or in the future held by the Lender.
15.   Governing Law. This Agreement is governed by the laws of the State of [State of Borrower (ie. California)] (without reference to the choice of law rules). I irrevocably agree to submit to the non-exclusive jurisdiction of its courts.
16.   Copy Received. I acknowledge having received a copy of this Agreement.
IN WITNESS WHEREOF the undersigned has executed this Agreement this _____ day of ____________________, 2002.
 
 
 
 
Witness
 
[Name of 1st Assignor]
 
 
 
Witness
 
[Name of 2nd Assignor]
 
You've found your form, but will you need others? If there are other related forms you may need in the future, it may be beneficial to look at our combo packages. On average, customers who purchase a combo package save 40% on the related forms they need. Take a look at the combo packages below to see if one is right for you.
Assignment & Novations Combo Package Get 12 forms for just $39.95 Save 83%! Save Money with this combo package containing all of our most popular Assignment & Novations forms Postponement, Extension & Release Forms Combo Package Get 9 forms for just $39.95 Save 78%! Save Money by getting all of our very popular Postponement, Extension, and Release forms together in one convenient packet.

Looking for something else?