The Loan Against Lease Agreement is utilized when a leaseholder seeks to obtain financing using their lease as security. This arrangement is common in commercial property scenarios where businesses want to leverage their leasehold interests for working capital or expansion. The document combines elements of financial and property law, establishing the loan terms while creating security over the lease. It must comply with English and Welsh legislation, including the Financial Services and Markets Act 2000 and relevant property laws. The agreement typically includes detailed provisions about the loan terms, security arrangements, borrower's obligations, and lender's rights in case of default.
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1. Parties: Identification of lender, borrower, and any guarantors
2. Background: Context of the loan and the lease being used as security
3. Definitions: Key terms used throughout the agreement
4. Loan Details: Amount, interest rate, term, and repayment schedule
5. Security Provisions: Details of the lease security and enforcement rights
6. Representations and Warranties: Statements of fact by the borrower regarding the lease and their status
7. Covenants: Ongoing obligations of the borrower
8. Events of Default: Circumstances that trigger default and remedies
9. Governing Law and Jurisdiction: Confirmation of applicable law and courts
1. Insurance Requirements: Additional section detailing specific insurance obligations when insurance is required as additional security
2. Guarantor Provisions: Terms applying to guarantors when there are third-party guarantors involved in the transaction
3. Assignment and Transfer: Rights to transfer the loan or lease when transfer rights are important to the lender
1. Schedule 1 - The Lease: Copy or details of the lease being used as security
2. Schedule 2 - Repayment Schedule: Detailed payment dates and amounts
3. Schedule 3 - Property Details: Description of the leased property
4. Schedule 4 - Form of Notice: Standard forms for notices under the agreement
5. Appendix A - Conditions Precedent: Documents and conditions required before drawdown
Relevant legal definitions
Advance
Agreement
Borrower
Business Day
Conditions Precedent
Default
Default Interest
Default Rate
Event of Default
Facility
Finance Documents
Financial Indebtedness
Interest Payment Date
Interest Period
Interest Rate
Landlord
Lease
Lease Documents
Leased Property
Lender
Loan
Material Adverse Effect
Maturity Date
Outstanding Amount
Potential Default
Property
Repayment Date
Repayment Schedule
Security
Security Documents
Security Interest
Tax
Term
Transaction Documents
Transfer
Utilisation
Utilisation Date
VAT
Agreement
Borrower
Business Day
Conditions Precedent
Default
Default Interest
Default Rate
Event of Default
Facility
Finance Documents
Financial Indebtedness
Interest Payment Date
Interest Period
Interest Rate
Landlord
Lease
Lease Documents
Leased Property
Lender
Loan
Material Adverse Effect
Maturity Date
Outstanding Amount
Potential Default
Property
Repayment Date
Repayment Schedule
Security
Security Documents
Security Interest
Tax
Term
Transaction Documents
Transfer
Utilisation
Utilisation Date
VAT
Clauses
Advance and Purpose
Assignment and Transfer
Amendments and Waivers
Calculations and Payments
Conditions Precedent
Confidentiality
Costs and Expenses
Covenants
Default Interest
Duration and Termination
Enforcement
Events of Default
Further Assurance
Governing Law and Jurisdiction
Interest
Lender's Rights
Notices
Payment Terms
Property Maintenance
Representations and Warranties
Repayment
Security
Security Enforcement
Severability
Taxes
Third Party Rights
Use of Proceeds
Valuations
Waiver
Assignment and Transfer
Amendments and Waivers
Calculations and Payments
Conditions Precedent
Confidentiality
Costs and Expenses
Covenants
Default Interest
Duration and Termination
Enforcement
Events of Default
Further Assurance
Governing Law and Jurisdiction
Interest
Lender's Rights
Notices
Payment Terms
Property Maintenance
Representations and Warranties
Repayment
Security
Security Enforcement
Severability
Taxes
Third Party Rights
Use of Proceeds
Valuations
Waiver
Relevant Industries
Relevant Teams
Relevant Roles
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