Secured Loan Agreement for Nigeria

Secured Loan Agreement Template for Nigeria

A comprehensive legal agreement governed by Nigerian law that establishes the terms and conditions under which a lender provides financial accommodation to a borrower, secured by specific assets or rights. The document details the loan amount, interest rates, repayment terms, security package, and enforcement mechanisms, while ensuring compliance with Nigerian banking regulations, particularly the Central Bank of Nigeria Act 2007 and the Secured Transactions in Movable Assets Act 2017. It includes provisions for creation and perfection of security interests, representations and warranties, covenants, events of default, and remedies available to the lender.

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What is a Secured Loan Agreement?

The Secured Loan Agreement is a fundamental financing document used in Nigerian banking and commercial transactions when a lender provides funding against specific collateral. This document is essential when parties wish to establish a secured lending relationship with clearly defined rights and obligations. The agreement must comply with Nigerian legislation, including the Companies and Allied Matters Act 2020, Central Bank of Nigeria regulations, and the Secured Transactions in Movable Assets Act 2017. It typically includes detailed provisions on the security package, loan terms, conditions precedent, representations and warranties, covenants, and enforcement mechanisms. The document is particularly important for protecting the lender's interests while providing transparency to the borrower regarding their obligations and the consequences of default.

What sections should be included in a Secured Loan Agreement?

1. Parties: Identification of the lender, borrower, and any guarantors or security providers

2. Background: Context of the loan arrangement and purpose of the facility

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. The Facility: Details of the loan amount, purpose, and drawdown conditions

5. Interest and Fees: Interest rate, calculation method, default interest, and applicable fees

6. Repayment Terms: Repayment schedule, prepayment provisions, and payment mechanics

7. Security: Description of security package and creation of security interests

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

9. Covenants: Positive and negative obligations of the borrower during the loan term

10. Events of Default: Circumstances constituting default and consequences

11. Enforcement: Rights and remedies of the lender upon default

12. Boilerplate Provisions: Standard legal provisions including notices, amendments, governing law

What sections are optional to include in a Secured Loan Agreement?

1. Guarantees: Required when third-party guarantees are part of the security package

2. Insurance: Detailed insurance requirements for secured assets, if applicable

3. Assignment and Transfer: Include when the loan may be syndicated or transferred

4. Additional Security Provider Provisions: Required when security providers are different from the borrower

5. Tax Provisions: Detailed tax provisions when complex tax implications exist

6. Multiple Lender Provisions: Required for syndicated facilities with multiple lenders

7. Currency Provisions: Required for loans involving multiple currencies

8. Account Bank Provisions: Required when specific account arrangements are part of the security

What schedules should be included in a Secured Loan Agreement?

1. Conditions Precedent: List of documents and conditions required before drawdown

2. Form of Drawdown Request: Template for borrower to request loan disbursement

3. Repayment Schedule: Detailed schedule of repayment dates and amounts

4. Security Details: Detailed description of secured assets and security documents

5. Form of Transfer Certificate: Template for transferring loan interests if permitted

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

7. Security Documents: Forms of debenture, charge, or other security instruments

8. Notice Requirements: Templates for various notices required under the agreement

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
Clauses
Relevant Industries

Banking & Financial Services

Real Estate

Manufacturing

Agriculture

Oil & Gas

Technology

Telecommunications

Infrastructure

Mining

Retail & Consumer Goods

Healthcare

Transportation & Logistics

Construction

Energy

Relevant Teams

Legal

Finance

Risk Management

Compliance

Credit

Treasury

Corporate Secretariat

Business Development

Commercial

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Legal Counsel

Corporate Lawyer

Banking Lawyer

Risk Manager

Credit Officer

Loan Officer

Relationship Manager

Security Trustee

Compliance Officer

Treasury Manager

Financial Controller

Company Secretary

Commercial Director

Business Development Manager

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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