The Gold Loan Agreement serves as a specialized lending instrument in the United States, designed to facilitate transactions where gold is the primary subject of the loan. This document is particularly relevant when businesses or individuals require gold for commercial purposes, investment, or manufacturing. The agreement addresses unique aspects of gold lending, including custody arrangements, purity specifications, and valuation methods. It must comply with federal regulations such as the Truth in Lending Act, state usury laws, and precious metals regulations. The agreement is commonly used in banking, jewelry manufacturing, and investment sectors, providing a comprehensive framework for securing both lender's and borrower's interests.
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1. Parties: Identification of lender and borrower with full legal names and addresses
2. Background: Context of the loan and purpose
3. Definitions: Key terms used throughout the agreement including gold specifications, valuation methods, and other relevant terminology
4. Loan Amount and Purpose: Specific details of gold quantity, purity, and intended use of the loan
5. Interest Rate and Charges: Interest calculation method, applicable rates, and any additional fees or charges
6. Security and Collateral: Details of gold custody, security arrangements, and collateral requirements
7. Repayment Terms: Schedule and method of repayment, including provisions for early repayment
8. Events of Default: Circumstances constituting default and consequences thereof
1. Insurance: Requirements for insurance coverage of gold when stored by borrower
2. Representations and Warranties: Additional assurances from borrower, typically included for larger loans or commercial transactions
3. Assignment Rights: Terms for transferring rights under the agreement when transfer rights are contemplated
1. Schedule A - Gold Specifications: Detailed description of gold including weight, purity, form, and marking details
2. Schedule B - Valuation Method: Agreed method for valuing gold throughout loan term and during default scenarios
3. Schedule C - Storage Requirements: Specific requirements for gold storage, security measures, and access protocols
4. Appendix 1 - Payment Schedule: Detailed repayment schedule with dates, amounts, and calculation methods
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