It requires the co-op to accept payment from the bank on behalf of a delinquent shareholder.
The co-op recognizes the bank’s lien against the shares and lease, and in the event the lease is terminated and a sale occurs, the bank will be paid the net proceeds of the sale after all sums owed to the co-op are first satisfied. If there is anything left after the co-op and bank’s loan are repaid in full, the remaining amounts will go to the shareholder.
Meanwhile, the lender agrees it has no power to transfer the proprietary lease or shares to anyone else without the co-op’s approval.
Interestingly enough, the Aztech Recognition Agreement also states that the bank will indemnify the co-op against any liability incurred by any claim the shareholder makes as a result of the co-op’s actions under the Aztec form.
An additional benefit for co-op boards is their shareholders will generally be much more timely on their maintenance payments. If a shareholder is being difficult or in actual default, all it often takes is sending a copy of a notice to cure to the shareholder’s bank. This works wonders as most shareholders are more afraid of being in default on their loan than of being late on their maintenance payments.
It is important to note that a co-op corporation always has a first lien on shares and leases. This means in any shareholder default, a co-op corporation will be paid first on any sums owed to it before a bank.
Sometimes banks will try to get co-op corporations to agree to their own version of the agreement. If this happens the co-op’s attorney may agree to minor variations but will likely outright reject anything that eliminates the language protecting the co-op from liability if the co-op accidentally forgets to notify the lender of a default.