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Business Credit Agreement for the United States

Business Credit Agreement Template for United States

A Business Credit Agreement is a legally binding contract governed by U.S. federal and state laws that establishes the terms and conditions under which a lender extends credit to a business borrower. The agreement details the credit facility amount, interest rates, repayment terms, security arrangements, covenants, and default provisions. It incorporates requirements from various U.S. regulations including the Truth in Lending Act, Equal Credit Opportunity Act, and applicable state lending laws.

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Business Credit Agreement

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What is a Business Credit Agreement?

A Business Credit Agreement is essential when a business seeks to establish a formal lending relationship with a financial institution in the United States. This document is crucial for both secured and unsecured credit facilities, establishing clear terms for borrowing, repayment, and ongoing obligations. The agreement must comply with federal regulations such as TILA and ECOA, as well as state-specific lending laws. It typically includes detailed provisions for credit limits, interest calculations, payment schedules, financial covenants, and events of default.

What sections should be included in a Business Credit Agreement?

1. Parties: Identification of lender and borrower, including legal entity details

2. Background: Context of the credit agreement and purpose of the facility

3. Definitions: Key terms used throughout the agreement

4. Credit Facility Terms: Amount, interest rate, repayment terms, and duration

5. Conditions Precedent: Requirements that must be met before credit is extended

6. Representations and Warranties: Statements of fact by the borrower about its business and financial condition

7. Covenants: Ongoing obligations of the borrower during the term of the agreement

8. Events of Default: Circumstances that allow the lender to terminate the facility and demand repayment

What sections are optional to include in a Business Credit Agreement?

1. Security: Details of collateral securing the loan - used when the credit facility is secured

2. Guarantees: Terms of any third-party guarantees - used when guarantors are involved

3. Subordination: Priority of the debt relative to other obligations - used when there are multiple creditors

What schedules should be included in a Business Credit Agreement?

1. Schedule of Fees: Detailed breakdown of all applicable fees and charges

2. Form of Drawdown Notice: Template for borrower to request funds under the facility

3. Financial Covenants Schedule: Detailed financial ratios and requirements

4. Security Documents: Details of collateral and security arrangements

5. Compliance Certificate: Template for periodic compliance reporting

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

United States

Document Type

Credit Agreement

Sector

Banking

Cost

Free to use
Clauses






























Industries

Truth in Lending Act (TILA): Federal law that requires lenders to provide standardized disclosures about terms and costs associated with lending

Equal Credit Opportunity Act (ECOA): Prohibits discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or source of income

Fair Credit Reporting Act (FCRA): Regulates the collection, dissemination, and use of consumer credit information

Uniform Commercial Code (UCC) Article 9: Governs secured transactions and provides rules for creation and enforcement of security interests in personal property

Federal Reserve Regulation Z: Implements the Truth in Lending Act and standardizes how costs associated with borrowing are calculated and disclosed

Bank Secrecy Act (BSA): Requires financial institutions to assist government agencies in detecting and preventing money laundering

Dodd-Frank Act: Comprehensive financial reform legislation that includes provisions affecting lending practices and consumer protection

State Usury Laws: State-specific regulations that set maximum interest rates and charges that lenders can assess on credit agreements

State Lending Regulations: State-specific rules governing lending practices, licensing requirements, and operational procedures for lenders

State Security Interest Requirements: State-specific rules for creating, perfecting, and enforcing security interests in collateral

State Contract Laws: State-specific requirements for contract formation, enforcement, and interpretation

SEC Regulations: Federal regulations governing securities-related aspects of certain credit arrangements, particularly in commercial contexts

FDIC Regulations: Federal regulations governing lending practices by insured depository institutions

OCC Guidelines: Federal guidelines for national banks' lending practices and credit administration

State Banking Department Requirements: State-specific regulatory requirements for banking and lending operations

FTC Regulations: Federal regulations governing unfair or deceptive lending practices and consumer protection in credit transactions

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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