The Property Loan Agreement is a fundamental document in Irish property financing transactions, used when a lender provides funding for property acquisition, development, or refinancing. This agreement is essential for both residential and commercial property transactions in Ireland, incorporating requirements from the Consumer Credit Act 1995, the Land and Conveyancing Law Reform Act 2009, and other relevant Irish legislation. The document details the loan facility, security structure, borrower obligations, and enforcement provisions, ensuring compliance with Irish banking regulations and consumer protection requirements. It's particularly important for establishing clear terms between lenders and borrowers, creating legally enforceable security interests, and meeting regulatory requirements for property financing in Ireland.
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1. Parties: Identifies and defines the Lender and Borrower(s) with full legal names and addresses
2. Background: Outlines the context of the loan agreement and property purchase
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. The Loan: Details the loan amount, purpose, and drawdown conditions
5. Interest and Repayment: Specifies interest rate, calculation method, repayment schedule, and payment terms
6. Security: Details the property mortgage and any additional security requirements
7. Conditions Precedent: Lists conditions that must be satisfied before loan drawdown
8. Borrower's Representations and Warranties: Statements of fact and assurances from the borrower
9. Borrower's Covenants: Ongoing obligations and commitments of the borrower
10. Events of Default: Circumstances that constitute default and their consequences
11. Lender's Rights and Remedies: Actions the lender can take in case of default or breach
12. Costs and Expenses: Allocation of legal fees, stamp duty, and other costs
13. Notices: Process for formal communications between parties
14. General Provisions: Standard legal clauses including assignment, amendments, severability
1. Guarantees: Required when there is a third-party guarantor for the loan
2. Insurance Requirements: Detailed insurance obligations when specific insurance types are required
3. Property Maintenance Obligations: Specific maintenance requirements for commercial properties or investment properties
4. Early Repayment Provisions: Terms for early loan repayment when permitted
5. Interest Rate Variation: Required for variable rate loans to specify rate adjustment mechanisms
6. Multiple Borrowers: Additional provisions when there are joint borrowers
7. Property Letting Restrictions: Required when there are restrictions on letting the property
8. Development Obligations: Required for property development loans with specific construction requirements
1. Property Description: Detailed legal description of the mortgaged property
2. Repayment Schedule: Detailed amortization table showing payment dates and amounts
3. Conditions Precedent Documents: List of required documents and evidence needed before drawdown
4. Form of Drawdown Notice: Template for requesting loan disbursement
5. Insurance Requirements: Detailed specifications for required insurance coverage
6. Permitted Security Interests: List of any permitted charges or encumbrances on the property
7. Form of Compliance Certificate: Template for periodic compliance certification
8. Standard Form Notices: Templates for various notices required under the agreement
Relevant legal definitions
Account Bank
Additional Security
Advance
Agreement
Applicable Law
Approved Valuer
Assets
Authorisation
Available Facility
Business Day
Charged Property
Commitment
Conditions Precedent
Consumer Credit Act
Default
Default Interest
Default Rate
Drawdown Date
Drawdown Notice
Encumbrance
Event of Default
Facility
Final Repayment Date
Financial Indebtedness
Financial Statements
GDPR
Group
Guarantor
Insurance Policies
Interest Payment Date
Interest Period
Interest Rate
Irish Law
Land Registry
Legal Charge
Lender
Loan
Loan Amount
Material Adverse Effect
Mortgage
Notice
Obligor
Outstanding Amount
Party/Parties
Permitted Encumbrance
Planning Laws
Property
Property Documents
Relevant Authority
Repayment Date
Repayment Schedule
Security
Security Documents
Security Interest
Stamp Duty
Subsidiary
Tax
Title Documents
Transaction Documents
Valuation
Valuation Report
VAT
Additional Security
Advance
Agreement
Applicable Law
Approved Valuer
Assets
Authorisation
Available Facility
Business Day
Charged Property
Commitment
Conditions Precedent
Consumer Credit Act
Default
Default Interest
Default Rate
Drawdown Date
Drawdown Notice
Encumbrance
Event of Default
Facility
Final Repayment Date
Financial Indebtedness
Financial Statements
GDPR
Group
Guarantor
Insurance Policies
Interest Payment Date
Interest Period
Interest Rate
Irish Law
Land Registry
Legal Charge
Lender
Loan
Loan Amount
Material Adverse Effect
Mortgage
Notice
Obligor
Outstanding Amount
Party/Parties
Permitted Encumbrance
Planning Laws
Property
Property Documents
Relevant Authority
Repayment Date
Repayment Schedule
Security
Security Documents
Security Interest
Stamp Duty
Subsidiary
Tax
Title Documents
Transaction Documents
Valuation
Valuation Report
VAT
Clauses
Definitions
Interpretation
Facility
Purpose
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Security
Property Covenants
Representations and Warranties
Financial Covenants
Information Covenants
General Undertakings
Insurance
Events of Default
Acceleration
Changes to Parties
Payment Mechanics
Set-off
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Confidentiality
Counterparts
Governing Law
Enforcement
Jurisdiction
Data Protection
Costs and Expenses
Indemnities
Currency
Assignment and Transfer
Property Maintenance
Compliance with Laws
Tax
Interpretation
Facility
Purpose
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Security
Property Covenants
Representations and Warranties
Financial Covenants
Information Covenants
General Undertakings
Insurance
Events of Default
Acceleration
Changes to Parties
Payment Mechanics
Set-off
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Confidentiality
Counterparts
Governing Law
Enforcement
Jurisdiction
Data Protection
Costs and Expenses
Indemnities
Currency
Assignment and Transfer
Property Maintenance
Compliance with Laws
Tax
Relevant Industries
Banking & Financial Services
Real Estate
Property Development
Construction
Legal Services
Insurance
Property Investment
Mortgage Services
Relevant Teams
Legal
Compliance
Risk Management
Credit
Real Estate
Property Finance
Mortgage Operations
Business Development
Commercial Lending
Document Management
Relevant Roles
Legal Counsel
Property Lawyer
Banking Lawyer
Loan Officer
Mortgage Advisor
Compliance Officer
Risk Manager
Property Manager
Real Estate Developer
Financial Controller
Credit Risk Officer
Relationship Manager
Property Investment Manager
Mortgage Underwriter
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