The Loan Agreement Shareholder To Company is a critical document used when a shareholder provides financial support to their company in Canada. This type of financing is common in both startup and established businesses when traditional financing may be unavailable or less desirable. The agreement must comply with Canadian federal and provincial legislation, including the Canada Business Corporations Act, Income Tax Act, and applicable securities laws. Key considerations include tax implications of shareholder loans, interest rate regulations, and corporate authorization requirements. The document typically includes detailed terms of the loan, repayment provisions, security arrangements (if any), and protective clauses for both the lending shareholder and the borrowing company.
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1. Parties: Identification of the lending shareholder and the borrowing company
2. Background: Context of the loan, relationship between parties, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount and its intended use
5. Interest Rate: Interest rate applicable to the loan and calculation method
6. Repayment Terms: Schedule and method of repayment, including principal and interest
7. Representations and Warranties: Standard declarations by both parties about their capacity and authority
8. Events of Default: Circumstances constituting default and consequences
9. Notices: How formal communications between parties should be made
10. Governing Law: Specification of Canadian law as governing law
11. General Provisions: Standard boilerplate clauses including severability, entire agreement, etc.
1. Security: Include when the loan is to be secured by company assets or guarantees
2. Subordination: Include when the loan needs to be subordinated to other company debt
3. Conversion Rights: Include if the loan can be converted to equity
4. Prepayment Rights: Include if early repayment is allowed and any associated terms
5. Tax Provisions: Include specific tax treatment agreements between parties
6. Board Approval: Include when corporate governance requires formal board approval
7. Financial Covenants: Include when specific financial metrics must be maintained
8. Negative Covenants: Include restrictions on company activities during loan term
1. Repayment Schedule: Detailed schedule of repayment dates and amounts
2. Security Details: Description of any assets or collateral securing the loan
3. Corporate Resolutions: Copies of relevant corporate approvals for the loan
4. Existing Indebtedness: List of company's existing loans and financial obligations
5. Calculation of Interest: Detailed methodology for interest calculations
6. Form of Promissory Note: Standard form of note evidencing the debt
Relevant legal definitions
Agreement
Applicable Law
Business Day
Change of Control
Company
Default Interest Rate
Event of Default
Financial Year
GAAP
Governmental Authority
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Permitted Security Interest
Principal Amount
Repayment Date
Repayment Schedule
Security
Security Documents
Shareholder
Subsidiary
Tax
Transaction Documents
Applicable Law
Business Day
Change of Control
Company
Default Interest Rate
Event of Default
Financial Year
GAAP
Governmental Authority
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Permitted Security Interest
Principal Amount
Repayment Date
Repayment Schedule
Security
Security Documents
Shareholder
Subsidiary
Tax
Transaction Documents
Clauses
Loan Amount
Interest Rate
Repayment Terms
Security
Representations and Warranties
Covenants
Events of Default
Remedies
Tax Provisions
Assignment
Subordination
Notice
Amendment
Waiver
Severability
Entire Agreement
Governing Law
Jurisdiction
Counterparts
Further Assurance
Force Majeure
Confidentiality
Costs and Expenses
Indemnification
Term and Termination
Conversion Rights
Prepayment
Registration Rights
Corporate Authorization
Shareholder Approval
Interest Rate
Repayment Terms
Security
Representations and Warranties
Covenants
Events of Default
Remedies
Tax Provisions
Assignment
Subordination
Notice
Amendment
Waiver
Severability
Entire Agreement
Governing Law
Jurisdiction
Counterparts
Further Assurance
Force Majeure
Confidentiality
Costs and Expenses
Indemnification
Term and Termination
Conversion Rights
Prepayment
Registration Rights
Corporate Authorization
Shareholder Approval
Relevant Industries
Technology
Manufacturing
Real Estate
Retail
Professional Services
Healthcare
Energy
Mining
Agriculture
Construction
Transportation
Hospitality
Financial Services
Entertainment
Media
Relevant Teams
Legal
Finance
Treasury
Tax
Corporate Governance
Compliance
Risk Management
Board Secretariat
Executive Leadership
Shareholder Relations
Relevant Roles
Chief Financial Officer
Finance Director
Corporate Lawyer
Legal Counsel
Company Secretary
Tax Director
Financial Controller
Treasury Manager
Chief Executive Officer
Board Director
Compliance Officer
Risk Manager
Corporate Governance Officer
Shareholder Relations Manager
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