Loan With Collateral Agreement for Nigeria

Loan With Collateral Agreement Template for Nigeria

A comprehensive legal document governed by Nigerian law that establishes the terms and conditions of a loan agreement secured by specific collateral. The agreement details the loan amount, interest rates, repayment terms, and provides a full description of the assets offered as security. It includes provisions for the creation and perfection of security interests under Nigerian law, default scenarios, enforcement mechanisms, and the rights and obligations of all parties involved. The document ensures compliance with Nigerian financial regulations, including the Secured Transactions in Movable Assets Act 2017 and relevant Central Bank of Nigeria guidelines.

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What is a Loan With Collateral Agreement?

The Loan With Collateral Agreement is essential for secured lending transactions in Nigeria, providing a legally robust framework for both lenders and borrowers. It is commonly used when a lender requires security for a loan, whether in commercial, real estate, or personal lending contexts. The document must comply with Nigerian banking regulations, property laws, and secured transactions legislation, including the Secured Transactions in Movable Assets Act 2017 and Central Bank of Nigeria guidelines. It's particularly important in a Nigerian context where lenders seek to minimize risk through properly documented security arrangements. The agreement covers loan terms, collateral details, creation of security interests, enforcement rights, and includes necessary provisions for proper registration and perfection of security interests under Nigerian law.

What sections should be included in a Loan With Collateral Agreement?

1. Parties: Identifies and defines the Lender and Borrower with their full legal names, addresses, and registration details if applicable

2. Background: Sets out the context of the loan agreement and the parties' intention to enter into a secured lending arrangement

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Loan Amount and Purpose: Specifies the principal amount of the loan and its intended use

5. Interest Rate and Calculations: Details the applicable interest rate, calculation method, and payment periods

6. Repayment Terms: Specifies the repayment schedule, installment amounts, and payment methods

7. Collateral: Describes the assets provided as security, including full legal description and valuation

8. Security Interest: Creates and defines the security interest in the collateral

9. Representations and Warranties: States the parties' assertions about their capacity, authority, and the collateral

10. Borrower's Covenants: Lists the borrower's ongoing obligations regarding the loan and collateral

11. Events of Default: Defines circumstances constituting default and their consequences

12. Enforcement Rights: Details the lender's rights and remedies upon default

13. Notices: Specifies how formal communications between parties should be made

14. Governing Law: Establishes Nigerian law as governing law and jurisdiction

15. Execution: Signature blocks and execution requirements

What sections are optional to include in a Loan With Collateral Agreement?

1. Insurance Requirements: Required when the collateral must be insured

2. Guarantor Provisions: Include when a third party guarantees the loan

3. Additional Security: Used when multiple assets are provided as collateral

4. Prepayment Terms: Include if early repayment is allowed or restricted

5. Assignment and Transfer: Include if either party may assign their rights

6. Cross-Default: Include when other loans or agreements can trigger default

7. Financial Covenants: Include for business loans requiring financial performance metrics

8. Tax Provisions: Include when tax implications need specific addressing

9. Force Majeure: Include when specific events should excuse performance

10. Dispute Resolution: Include when specific arbitration or mediation procedures are required

What schedules should be included in a Loan With Collateral Agreement?

1. Schedule 1 - Loan Repayment Schedule: Detailed amortization schedule showing payment dates and amounts

2. Schedule 2 - Collateral Description: Detailed description and documentation of collateral assets

3. Schedule 3 - Collateral Valuation Report: Professional valuation of the collateral assets

4. Schedule 4 - Insurance Requirements: Specific insurance requirements for the collateral

5. Schedule 5 - Form of Draw Down Notice: Template for requesting loan disbursement

6. Schedule 6 - Permitted Security Interests: List of any pre-existing liens or encumbrances on the collateral

7. Appendix A - Required Documents: List of documents required for loan processing and security perfection

8. Appendix B - Condition Precedent Documents: Documents required before loan disbursement

9. Appendix C - Form of Compliance Certificate: Template for periodic compliance reporting if required

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

Nigeria

Publisher

Genie AI

Document Type

Financing Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Banking and Financial Services

Real Estate

Manufacturing

Agriculture

Oil and Gas

Small and Medium Enterprises

Construction

Transportation

Technology

Retail and Commerce

Mining

Healthcare

Education

Telecommunications

Relevant Teams

Legal

Finance

Credit Risk

Compliance

Operations

Business Development

Corporate Banking

Retail Banking

Document Management

Treasury

Securities and Collateral

Risk Management

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Loan Officer

Risk Manager

Legal Counsel

Compliance Officer

Business Development Manager

Account Manager

Corporate Banking Manager

Credit Risk Analyst

Collateral Manager

Securities Officer

Financial Controller

Treasury Manager

Branch Manager

Relationship Manager

Document Control Officer

Industries
Teams

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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