Commercial Loan Agreements are essential documents in business financing within the United States, used when businesses require substantial funding for operations, expansion, or specific projects. The Commercial Loan Agreement serves as the primary document governing the lending relationship, incorporating both federal and state-specific requirements. It typically includes detailed provisions on loan structure, security arrangements, financial covenants, and reporting requirements. These agreements must comply with various regulations including the Truth in Lending Act, Equal Credit Opportunity Act, and state-specific lending laws. They are particularly crucial for establishing clear terms, protecting both lender and borrower interests, and ensuring regulatory compliance.
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1. Parties: Identifies and defines 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 including loan amount, interest rate, and other crucial terms
4. Loan Amount and Terms: Specifies principal amount, interest rate, repayment terms, and payment mechanics
5. Conditions Precedent: Conditions that must be met before loan disbursement including documentation requirements
6. Representations and Warranties: Borrower's statements about their legal and financial status, authority, and compliance
7. Covenants: Ongoing obligations of the borrower including financial covenants, information covenants, and general undertakings
8. Events of Default: Circumstances constituting default and consequences including acceleration rights
9. Governing Law: Specifies jurisdiction and applicable law for the agreement
1. Security: Details of collateral and security arrangements when loan is secured
2. Guarantees: Terms of third-party guarantees when applicable including guarantor obligations
3. Insurance Requirements: Required insurance coverage and maintenance obligations
4. Assignment and Transfer: Rights to assign or transfer the loan and any restrictions thereon
1. Repayment Schedule: Detailed payment dates and amounts including amortization schedule
2. Security Details: Detailed description of collateral and security arrangements
3. Financial Covenants Schedule: Specific financial ratios and requirements including calculation methodologies
4. Form of Drawdown Notice: Template for requesting loan disbursements and required information
5. Form of Compliance Certificate: Template for periodic compliance reporting and certifications
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