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1. Parties: Identifies the lender, the trustee(s), and the trust as parties to the agreement
2. Background: Sets out the context of the loan, the trust's existence and purpose, and the intention to enter into the loan agreement
3. Definitions: Defines key terms used throughout the agreement, including trust-specific terminology
4. Loan Details: Specifies the loan amount, purpose, interest rate, and term of the loan
5. Representations and Warranties: Statements of fact and assurances from the trustee regarding the trust's status, authority, and capacity
6. Trust Covenants: Ongoing obligations of the trust and trustee(s) during the term of the loan
7. Conditions Precedent: Conditions that must be satisfied before the loan is advanced
8. Repayment Terms: Details of how and when the loan will be repaid, including payment schedule and prepayment provisions
9. Events of Default: Circumstances that constitute default and the lender's remedies
10. Security: Description of any security or collateral provided for the loan
11. Trust Property Protection: Provisions protecting the trust property and beneficiaries' interests
12. Notices: How formal communications between parties should be made
13. Governing Law: Specifies that Canadian law governs the agreement and which province's laws apply
14. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Guarantees: Required when there are personal or corporate guarantors for the loan
2. Insurance Requirements: Included when specific insurance coverage is required for trust assets
3. Trust Beneficiary Acknowledgments: Required when beneficiaries need to acknowledge or consent to the loan
4. Co-Trustee Provisions: Included when multiple trustees are involved in managing the trust
5. Trust Property Management: Required when specific requirements exist for managing trust property during the loan term
6. Distribution Restrictions: Included when restrictions on trust distributions are needed to protect the loan
7. Foreign Trust Provisions: Required when the trust has foreign elements or cross-border implications
8. Environmental Indemnity: Required when trust property includes real estate with potential environmental risks
1. Schedule A - Loan Payment Schedule: Detailed amortization schedule showing payment dates and amounts
2. Schedule B - Trust Property Schedule: Detailed list and description of trust property serving as security
3. Schedule C - Trust Deed Extract: Relevant excerpts from the trust deed showing trustee powers and authority
4. Schedule D - Guarantor Information: Details of any guarantors and their obligations
5. Schedule E - Beneficial Interests: Summary of beneficial interests in the trust
6. Appendix 1 - Compliance Certificate: Form of certificate confirming ongoing compliance with loan terms
7. Appendix 2 - Draw Request Form: Standard form for requesting loan advances
8. Appendix 3 - Security Registration Details: Details of security registrations and filing requirements
Applicable Law
Beneficial Interest
Business Day
Closure Date
Collateral
Conditions Precedent
Default Interest Rate
Default Notice
Distribution
Drawdown Date
Drawdown Notice
Encumbrance
Event of Default
Facility
Financial Statements
Governing Law
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Permitted Encumbrance
Permitted Distribution
Principal Amount
Repayment Date
Repayment Schedule
Security
Security Documents
Settlor
Trust
Trust Assets
Trust Deed
Trust Property
Trustee
Trust Beneficiary
Trust Income
Trust Obligations
Trust Powers
Trust Resolution
Unpaid Sum
Loan Facility
Purpose
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Security
Trust Representations
Lender Representations
Trust Covenants
Financial Covenants
Information Covenants
Trust Property Management
Distribution Restrictions
Events of Default
Remedies
Trust Powers and Limitations
Beneficiary Rights
Assignment and Transfer
Changes to Parties
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Confidentiality
Counterparts
Governing Law
Enforcement
Service of Process
Trust Administration
Fiduciary Duties
Successor Trustee
Indemnification
Expenses
Set-off Rights
Force Majeure
Dispute Resolution
Financial Services
Private Banking
Wealth Management
Real Estate
Family Office
Trust Services
Investment Management
Private Equity
Estate Planning
Corporate Finance
Legal
Credit Risk
Compliance
Trust Administration
Wealth Management
Private Banking
Loan Operations
Documentation
Portfolio Management
Client Relations
Trust Officer
Loan Officer
Legal Counsel
Trust Administrator
Relationship Manager
Credit Risk Manager
Compliance Officer
Wealth Manager
Estate Planning Advisor
Financial Advisor
Trust Operations Manager
Portfolio Manager
Corporate Trustee
Private Banking Manager
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