A Secured Loan Agreement is utilized when a lender provides financing to a borrower with specific assets pledged as collateral. This document is essential in U.S. commercial lending transactions where the lender requires security for the loan amount. The agreement must comply with federal regulations, including the UCC, and state-specific secured transaction laws. It typically includes detailed provisions about the collateral, perfection of security interests, borrower obligations, and enforcement rights upon default. The secured nature of the loan often results in more favorable interest rates for borrowers compared to unsecured loans.
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1. Parties: Identifies lender and borrower with full legal names and addresses
2. Background: Explains context of loan and intention of parties to enter into secured lending arrangement
3. Definitions: Defines key terms used throughout the agreement
4. Loan Amount and Terms: Specifies principal amount, interest rate, payment schedule, and term of loan
5. Security Interest: Describes collateral and grants security interest to lender
6. Representations and Warranties: Borrower's statements about their legal status and collateral
7. Covenants: Ongoing obligations of borrower during loan term
8. Events of Default: Circumstances constituting default and consequences
9. Remedies: Lender's rights upon default
1. Insurance Requirements: Details required insurance coverage for collateral when specific protection is needed
2. Guaranty Provisions: Terms of any third-party guarantees when loan includes personal or corporate guarantors
3. Cross-Default Provisions: Links default under this agreement to other agreements when borrower has multiple loans
4. Financial Covenants: Specific financial metrics borrower must maintain for business loans with performance requirements
1. Schedule of Collateral: Detailed description of all assets serving as collateral
2. Payment Schedule: Amortization table showing payment dates and amounts
3. UCC Financing Statements: Forms for recording security interest
4. Insurance Certificates: Proof of required insurance coverage
5. Guaranty Agreements: Separate agreements from guarantors if applicable
6. Security Agreement: Detailed terms of security arrangement if separate from main agreement
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