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Non Recourse Loan Agreement for the United Kingdom

Non Recourse Loan Agreement Template for England and Wales

A Non Recourse Loan Agreement under English and Welsh law is a specialized financing arrangement where the lender's recovery in case of default is limited to specific pledged assets, with no personal liability for the borrower beyond these assets. This document establishes the terms of lending, security arrangements, and explicitly limits the lender's recourse to the specified collateral. It includes detailed provisions for asset valuation, maintenance requirements, and default scenarios, all governed by English and Welsh law principles.

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Non Recourse Loan Agreement

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What is a Non Recourse Loan Agreement?

The Non Recourse Loan Agreement is primarily used in project finance and asset-based lending scenarios where lenders agree to look solely to specific assets for loan recovery. This document, governed by English and Welsh law, is particularly relevant for large-scale projects where the borrower seeks to ring-fence liability. It typically includes detailed provisions on asset security, maintenance obligations, cash flow arrangements, and specific events of default. The agreement is commonly used in real estate development, infrastructure projects, and other asset-heavy ventures where the underlying assets generate the cash flow for loan repayment.

What sections should be included in a Non Recourse Loan Agreement?

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

2. Background: Context of the loan and purpose

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of loan amount and intended use

5. Security: Details of assets securing the loan

6. Limited Recourse Provisions: Specific clauses limiting lender's recourse to secured assets

7. Repayment Terms: Payment schedule and mechanisms

8. Events of Default: Circumstances constituting default

What sections are optional to include in a Non Recourse Loan Agreement?

1. Interest Rate Provisions: Terms for interest calculation and payment - include when interest is charged on the loan

2. Insurance Requirements: Required insurance for secured assets - include when specific insurance is required for secured assets

3. Representations and Warranties: Statements of fact by borrower - include in complex commercial arrangements

What schedules should be included in a Non Recourse Loan Agreement?

1. Schedule of Assets: Detailed list of assets securing the loan

2. Repayment Schedule: Detailed payment dates and amounts

3. Form of Security Documents: Templates for security documentation

4. Conditions Precedent: List of conditions to be satisfied before drawdown

Authors

Alex Denne

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

Jurisdiction

England and Wales

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions









































Clauses



































Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements, particularly relevant if the borrower is an individual or small partnership

Financial Services and Markets Act 2000: Key legislation regulating financial services and markets in the UK, establishing regulatory framework for financial activities

Law of Property Act 1925: Fundamental legislation governing property law, particularly relevant for secured loans and property-related aspects

Unfair Contract Terms Act 1977: Legislation controlling unfair terms in contracts, ensuring fairness in contractual relationships

Consumer Rights Act 2015: Legislation protecting consumer rights, applicable if the loan agreement involves consumer borrowers

FCA Regulations and Handbook: Regulatory framework and guidelines set by the Financial Conduct Authority for regulated financial activities

Consumer Credit Sourcebook (CONC): Detailed regulations and guidance for consumer credit activities as part of the FCA handbook

Mortgage Conduct of Business (MCOB): Specific rules governing mortgage-related business and property-secured lending

Money Laundering Regulations 2017: Regulations requiring checks and procedures to prevent money laundering in financial transactions

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

Financial Collateral Arrangements (No.2) Regulations 2003: Regulations governing financial collateral arrangements and security interests

Bills of Exchange Act 1882: Historical legislation governing negotiable instruments that may be relevant to loan documentation

Insolvency Act 1986: Legislation governing insolvency proceedings and creditor rights, particularly relevant for non-recourse provisions

Companies Act 2006: Primary legislation governing company law, relevant when dealing with corporate borrowers

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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