Master Loan And Security Agreement for the United Kingdom

Master Loan And Security Agreement Template for England and Wales

A Master Loan and Security Agreement under English and Welsh law is a comprehensive legal document that establishes the framework for multiple loan facilities and related security arrangements between a lender and borrower. It sets out the terms and conditions for lending, security provisions, representations, warranties, and covenants, while incorporating mechanisms for drawdown, repayment, and default scenarios. The agreement is designed to be flexible enough to accommodate multiple loans under a single master framework, reducing the need for separate documentation for each facility.

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What is a Master Loan And Security Agreement?

The Master Loan And Security Agreement is utilized when parties wish to establish a framework for multiple loan facilities under a single master document. This agreement, governed by English and Welsh law, streamlines the lending process by providing a comprehensive structure that can accommodate various types of loans and security arrangements. It includes detailed provisions for drawdown mechanisms, security creation, covenant compliance, and enforcement rights, making it particularly suitable for ongoing lending relationships. The document incorporates regulatory requirements under UK financial services legislation and provides flexibility for future lending arrangements.

What sections should be included in a Master Loan And Security Agreement?

1. Parties: Identification and details of the lender and borrower

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Loan Facility: Terms of the loan, including amount, purpose, and drawdown conditions

5. Security: Details of assets provided as security and related arrangements

6. Representations and Warranties: Statements of fact and assurances given by the borrower

7. Covenants: Ongoing obligations of the borrower

8. Events of Default: Circumstances constituting default and consequences

What sections are optional to include in a Master Loan And Security Agreement?

1. Intercreditor Provisions: Required when multiple lenders are involved in the loan facility

2. Guarantee Provisions: Details of any guarantees provided by third parties to secure the loan

3. Currency Provisions: Rules for handling multiple currencies in cross-border or multi-currency facilities

What schedules should be included in a Master Loan And Security Agreement?

1. Form of Drawdown Notice: Template for requesting loan disbursements

2. Security Documents: Details of security arrangements and documentation

3. Conditions Precedent: List of conditions to be satisfied before drawdown

4. Repayment Schedule: Details of repayment dates and amounts

5. Form of Compliance Certificate: Template for periodic compliance reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements and consumer lending in the UK. Sets out requirements for credit agreements, licensing, and consumer protections.

Financial Services and Markets Act 2000: Key legislation regulating financial services in the UK, establishing regulatory framework and FCA authority over financial activities including lending.

Law of Property Act 1925: Fundamental legislation governing real property in England and Wales, crucial for security aspects involving real estate collateral.

Companies Act 2006: Main legislation governing company operations in the UK, relevant for corporate borrowers and security registration requirements.

Insolvency Act 1986: Governs insolvency proceedings and creditor rights, crucial for enforcement and security provisions in loan agreements.

Consumer Rights Act 2015: Consolidates consumer protection law, particularly relevant if the loan agreement might involve consumers.

Bills of Sale Acts 1878 and 1882: Historic legislation still relevant for certain types of security over personal property, particularly important for non-corporate borrowers.

Financial Collateral Arrangements (No.2) Regulations 2003: Governs arrangements involving financial collateral, providing specific rules for financial security arrangements.

Enterprise Act 2002: Contains important provisions regarding enforcement of security and insolvency proceedings.

FCA Handbook: Regulatory guidelines and requirements from the Financial Conduct Authority, particularly CONC (Consumer Credit sourcebook) for consumer lending.

UK Money Laundering Regulations 2017: Anti-money laundering requirements that must be considered in loan documentation and due diligence processes.

GDPR and Data Protection Act 2018: Data protection legislation governing the handling of personal data in loan agreements and related documentation.

Unfair Contract Terms Act 1977: Regulates unfair terms in contracts, particularly relevant for standardized loan documentation.

Unfair Terms in Consumer Contracts Regulations 1999: Specific protection for consumers against unfair terms in standard form contracts.

Financial Services (Banking Reform) Act 2013: Reformed banking legislation affecting financial institutions' operations and regulatory compliance.

Consumer Protection from Unfair Trading Regulations 2008: Protects consumers from unfair commercial practices, relevant for marketing and execution of consumer loan agreements.

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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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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