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Common Loan Agreement Template for England and Wales

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Key Requirements PROMPT example:

Common Loan Agreement

"I need a Common Loan Agreement for a £5 million secured business loan between ABC Bank plc as lender and XYZ Manufacturing Ltd as borrower, with quarterly repayments over 5 years starting from March 2025, secured against the borrower's commercial property."

What is a Common Loan Agreement?

The Common Loan Agreement is a fundamental financing document used in England and Wales for establishing legally enforceable lending arrangements. It serves as the primary contract documenting the terms of a loan transaction, whether for corporate financing, real estate acquisition, or other commercial purposes. The agreement includes essential elements such as loan amount, interest calculations, repayment schedules, security provisions, and default scenarios. This document type complies with English legal requirements and regulatory frameworks, including FCA regulations and consumer protection laws where applicable.

What sections should be included in a Common Loan Agreement?

1. Parties: Identification and details of the lender and borrower

2. Background: Context and purpose of the loan agreement

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Purpose: Specifies the amount being lent and its intended use

5. Interest Rate and Calculations: Details of interest rate, calculation method, and payment periods

6. Repayment Terms: Schedule and method of repayment

7. Events of Default: Circumstances constituting default and consequences

8. Representations and Warranties: Statements of fact and assurances from the borrower

9. Covenants: Ongoing obligations of the borrower during the loan term

10. Boilerplate Provisions: Standard legal provisions including notices, governing law, and jurisdiction

What sections are optional to include in a Common Loan Agreement?

1. Security: Details of any collateral or guarantees - used when loan is secured

2. Insurance Requirements: Required insurance coverage for secured assets - used when loan is secured or insurance is mandatory

3. Guarantor Provisions: Terms applying to guarantors - used when there are third-party guarantors

4. Syndication Provisions: Terms relating to multiple lenders - used for syndicated loans

5. Tax Gross-Up: Provisions for tax treatment of payments - used in cross-border or complex lending arrangements

What schedules should be included in a Common Loan Agreement?

1. Schedule 1 - Repayment Schedule: Detailed breakdown of repayment dates and amounts

2. Schedule 2 - Security Details: Detailed description of security assets and their registration details

3. Schedule 3 - Conditions Precedent: List of conditions to be met before drawdown

4. Schedule 4 - Form of Drawdown Notice: Template for requesting loan disbursement

5. Schedule 5 - Form of Transfer Certificate: Template for transferring loan participation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





































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Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements in England and Wales, establishing the framework for consumer lending and protection

Financial Services and Markets Act 2000: Key legislation regulating financial services activities and establishing regulatory framework for financial institutions

Consumer Rights Act 2015: Legislation protecting consumer rights and regulating unfair terms in consumer contracts

Unfair Contract Terms Act 1977: Controls unfair terms in contracts, particularly exclusion and limitation clauses

Law of Property Act 1925: Fundamental legislation governing secured lending and property rights in England and Wales

Consumer Credit (EU Directive) Regulations 2010: Regulations implementing EU consumer credit rules into UK law, maintaining standards post-Brexit

FCA Regulations: Financial Conduct Authority's regulatory framework governing conduct of financial institutions and consumer protection

PRA Requirements: Prudential Regulation Authority's requirements ensuring financial stability and proper risk management

UK Money Laundering Regulations 2017: Regulations requiring due diligence and verification procedures in financial transactions

UK GDPR and Data Protection Act 2018: Legislation governing the processing and protection of personal data in financial transactions

Banking Code of Practice: Industry standards and best practices for banking institutions in the UK

FCA Handbook: Detailed regulatory requirements and guidance for financial institutions

Limitation Act 1980: Legislation setting time limits for bringing legal actions relating to contracts and loans

Financial Services (Distance Marketing) Regulations 2004: Regulations governing financial services contracts made at a distance

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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