A Loan Indemnity Agreement is commonly used when parties need to allocate risk in loan transactions. Under English and Welsh law, this agreement provides stronger protection than a guarantee as it creates a primary rather than secondary obligation. The document is particularly relevant when a third party needs to provide additional security or comfort to a lender, or when complex financing arrangements require risk allocation between multiple parties. The agreement typically details specific circumstances triggering the indemnity, claim procedures, and payment obligations.
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1. Parties: Identifies and defines the parties to the agreement
2. Background: Sets out the context and purpose of the indemnity
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Indemnity: Details the specific losses and liabilities covered
5. Payment Terms: Specifies timing and method of indemnity payments
6. Duration: Defines the term of the indemnity
7. Governing Law and Jurisdiction: Specifies applicable law and courts
1. Security Provisions: Details any security arrangements for the indemnity when required
2. Step-In Rights: Rights to take control of certain situations in complex commercial arrangements
3. Insurance Requirements: Specifies required insurance coverage when specific insurance is needed to support the indemnity
1. Schedule 1 - Loan Details: Details of the underlying loan being indemnified
2. Schedule 2 - Claim Procedures: Process for making and handling indemnity claims
3. Schedule 3 - Form of Notice: Template notices for various communications
4. Schedule 4 - Security Documents: Lists and describes any security documents when security is involved
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