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Capital Loan Agreement for the United States

Capital Loan Agreement Template for United States

A Capital Loan Agreement is a legally binding document used in the United States that establishes the terms and conditions under which a lender provides capital funding to a borrower. This agreement outlines the loan amount, interest rates, repayment terms, security arrangements, and default provisions. It complies with federal and state lending regulations, including Truth in Lending Act requirements and state-specific usury laws, while providing protection for both the lender and borrower.

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Capital Loan Agreement

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What is a Capital Loan Agreement?

The Capital Loan Agreement serves as the primary documentation for substantial business financing in the United States. It is typically used when companies or individuals seek significant capital for business expansion, equipment purchase, or other major investments. The agreement encompasses crucial elements including loan amount, interest calculations, repayment schedules, security provisions, and default remedies, while ensuring compliance with federal regulations such as the Truth in Lending Act and state-specific lending laws. This document is essential for protecting both lender and borrower interests in major financial transactions.

What sections should be included in a Capital Loan Agreement?

1. Parties: Identifies the lender and borrower with full legal names and addresses

2. Background/Recitals: States the purpose of the loan and context of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Loan Amount and Purpose: Specifies the principal amount and intended use of funds

5. Interest Rate: Details the interest rate, calculation method, and payment terms

6. Repayment Terms: Outlines payment schedule, methods, and conditions

7. Representations and Warranties: Statements of fact by borrower regarding their status and ability to repay

8. Events of Default: Defines circumstances constituting default and consequences

9. Governing Law: Specifies jurisdiction and applicable law

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

1. Security: Details of collateral if loan is secured - used for secured loans only

2. Guarantees: Terms of any third-party guarantees - included when loan requires guarantors

3. Covenants: Ongoing obligations of the borrower - typically used for complex commercial loans

4. Prepayment Terms: Conditions for early repayment - included when early repayment is allowed

What schedules should be included in a Capital Loan Agreement?

1. Repayment Schedule: Detailed payment timeline with amounts

2. Security Details: Details of collateral or security arrangements

3. Guarantor Information: Details of guarantors and their obligations

4. Financial Covenants: Specific financial metrics and requirements

5. Fees Schedule: Breakdown of all applicable fees

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

Loan Agreement

Sector

Banking

Cost

Free to use
Clauses






























Industries

Truth in Lending Act (TILA): Federal law requiring clear disclosure of lending terms and standardized calculation of interest rates and credit costs.

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or public assistance program participation.

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information.

Dodd-Frank Act: Comprehensive financial reform legislation that includes provisions for consumer protection and financial institution regulation in lending practices.

Securities Act of 1933: Federal law governing the offer and sale of securities, which may apply if the loan involves security instruments.

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering.

State Usury Laws: State-specific laws that set maximum interest rates and regulate other loan terms to protect borrowers from excessive charges.

Blue Sky Laws: State-specific securities laws that regulate the offering and sale of securities to protect investors from fraudulent activities.

UCC Article 9: Uniform Commercial Code Article governing secured transactions, including the creation and enforcement of security interests in personal property.

CFPB Guidelines: Consumer Financial Protection Bureau guidelines establishing standards for consumer lending practices and consumer protection.

Federal Reserve Regulations: Banking regulations issued by the Federal Reserve that govern lending practices and financial institution operations.

Disclosure Requirements: Mandatory information that must be provided to borrowers, including interest rates, fees, terms, and conditions of the loan.

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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