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Small Business Loan Agreement for the United States

Small Business Loan Agreement Template for United States

A comprehensive legal agreement governed by U.S. federal and state laws that establishes the terms and conditions for a loan between a financial institution and a small business. The document outlines the loan amount, interest rates, repayment terms, security arrangements, and obligations of both parties. It incorporates relevant provisions from federal regulations including Truth in Lending Act requirements, state-specific usury laws, and where applicable, SBA guidelines. The agreement includes protective clauses for both lender and borrower, default provisions, and may contain personal guarantees from business owners.

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Small Business Loan Agreement

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What is a Small Business Loan Agreement?

The Small Business Loan Agreement is a critical financial instrument used when a business seeks formal financing from a financial institution in the United States. This document is essential for transactions where small businesses require capital for operations, expansion, equipment purchase, or working capital. The agreement must comply with federal regulations, including Truth in Lending Act requirements, Equal Credit Opportunity Act provisions, and state-specific lending laws. It typically includes detailed terms about the loan amount, interest calculations, repayment schedule, any collateral arrangements, and the rights and obligations of both parties. For SBA-backed loans, additional provisions ensuring compliance with SBA regulations are incorporated. The agreement serves as the primary contractual document protecting both the lender's interests in enforcing repayment and the borrower's rights under applicable lending laws.

What sections should be included in a Small Business Loan Agreement?

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

2. Background: Explains the context of the loan and the parties' intention to enter into the agreement

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Loan Amount and Purpose: Specifies the principal amount of the loan and its approved business purpose

5. Interest Rate and Calculations: Details the interest rate, calculation method, and APR

6. Repayment Terms: Outlines payment schedule, amounts, and methods of payment

7. Conditions Precedent: Lists conditions that must be met before the loan is disbursed

8. Representations and Warranties: Statements of fact by the borrower about their business and financial condition

9. Covenants: Ongoing obligations of the borrower during the loan term

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

11. Remedies: Outlines lender's rights and actions in case of default

12. Fees and Expenses: Details all fees, charges, and expenses associated with the loan

13. Notices: Specifies how and where formal communications between parties should be made

14. Governing Law: Specifies the jurisdiction and applicable law

15. General Provisions: Standard boilerplate clauses including amendments, assignments, and severability

What sections are optional to include in a Small Business Loan Agreement?

1. Security Interest: Required when the loan is secured by collateral, detailing the assets pledged

2. Personal Guarantee: Include when personal guarantees from business owners or third parties are required

3. Insurance Requirements: Required when specific insurance coverage must be maintained

4. Prepayment Terms: Include when early repayment is allowed with specific terms or penalties

5. Cross-Default: Include when default on other obligations affects this loan

6. Financial Covenants: Required for loans with specific financial performance requirements

7. Subordination: Include when this loan must be subordinated to other debt or vice versa

8. Draw Down Provisions: Required for loans with multiple disbursements or credit line features

What schedules should be included in a Small Business Loan Agreement?

1. Schedule A - Payment Schedule: Detailed amortization schedule showing payment dates, amounts, and allocation between principal and interest

2. Schedule B - Collateral Description: Detailed description of any assets pledged as security

3. Schedule C - Financial Covenants Calculations: Formulas and methods for calculating required financial ratios

4. Schedule D - Permitted Liens: List of existing liens or encumbrances allowed under the agreement

5. Appendix 1 - Form of Draw Down Notice: Standard form for requesting loan disbursements

6. Appendix 2 - Compliance Certificate: Template for periodic certification of compliance with loan terms

7. Appendix 3 - Personal Guarantee Form: Standard form for personal guarantees when required

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
Relevant legal definitions












































Clauses



































Relevant Industries

Banking & Financial Services

Small Retail

Professional Services

Manufacturing

Technology

Healthcare

Hospitality

Construction

Real Estate

Agriculture

Transportation & Logistics

Food & Beverage

Consulting Services

Relevant Teams

Legal

Commercial Banking

Credit Risk

Compliance

Small Business Banking

Loan Operations

Document Management

Business Development

Underwriting

Customer Relations

Relevant Roles

Loan Officer

Credit Analyst

Small Business Banking Manager

Commercial Banking Officer

Risk Manager

Compliance Officer

Legal Counsel

Business Development Manager

Relationship Manager

Underwriter

Chief Financial Officer

Business Owner

Finance Director

Treasury Manager

Industries








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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