Equipment Finance Agreement for the United States

Equipment Finance Agreement Template for United States

An Equipment Finance Agreement is a legally binding contract governed by U.S. federal and state laws, particularly the Uniform Commercial Code (UCC). This agreement establishes the terms and conditions under which a lender provides financing for specific equipment to a borrower. It details payment terms, security interests, maintenance requirements, insurance obligations, and default provisions. The agreement is structured to protect both the lender's security interest in the equipment and the borrower's right to use the equipment while making payments.

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What is a Equipment Finance Agreement?

The Equipment Finance Agreement serves as the primary document for businesses and individuals seeking to acquire equipment through financing in the United States. This contract type is essential when entities need to purchase expensive equipment but prefer to spread the cost over time. The agreement, governed by federal and state laws including the UCC, outlines crucial elements such as payment terms, equipment specifications, security interests, and maintenance requirements. It's particularly valuable for businesses looking to preserve working capital while acquiring necessary equipment, and provides legal protection for both the financing party and the equipment user.

What sections should be included in a Equipment Finance Agreement?

1. Parties: Identification of the lender/lessor and borrower/lessee with full legal names and addresses

2. Background: Brief context of the financing arrangement and purpose

3. Definitions: Key terms used throughout the agreement including equipment, payment terms, and other critical definitions

4. Equipment Description: Detailed description of financed equipment including specifications and serial numbers

5. Financial Terms: Payment amounts, schedule, interest rates, and payment methods

6. Security Interest: Terms establishing security interest in the equipment and perfection requirements

7. Insurance Requirements: Required insurance coverage for equipment and related obligations

8. Use and Maintenance: Requirements for equipment use, maintenance, and care

9. Default Provisions: Events of default and remedies available to the lender

10. Representations and Warranties: Standard representations and warranties from both parties

11. General Provisions: Standard boilerplate provisions including notices, governing law, and jurisdiction

What sections are optional to include in a Equipment Finance Agreement?

1. Purchase Option: Terms for equipment purchase at end of term - include when offering purchase option at end of financing term

2. Early Termination: Conditions and fees for early termination - include when early termination is permitted

3. Tax Indemnification: Tax implications and responsibilities - include for larger transactions or when tax consequences are significant

4. Cross-Collateralization: Provisions linking security interests across multiple agreements - include when multiple finance agreements exist

5. Environmental Compliance: Environmental requirements and compliance - include for equipment with environmental impact

What schedules should be included in a Equipment Finance Agreement?

1. Schedule A - Equipment Schedule: Detailed list and description of financed equipment including specifications and serial numbers

2. Schedule B - Payment Schedule: Detailed payment amounts and due dates throughout the term

3. Schedule C - Certificate of Acceptance: Document confirming equipment delivery and acceptance by borrower

4. Schedule D - Insurance Certificates: Proof of required insurance coverage for the equipment

5. Schedule E - UCC Financing Statements: Forms for perfecting security interest in the equipment

6. Schedule F - Guaranty: Personal or corporate guaranty if required for the financing

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

United States

Publisher

Genie AI

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Clauses
Industries

Uniform Commercial Code (UCC): Key sections include Article 2 (Sales), Article 2A (Leases), and Article 9 (Secured Transactions). Critical for governing security interests, perfection, and priority rules in equipment financing.

Truth in Lending Act (TILA): Federal law requiring specific disclosure requirements for consumer credit transactions, implemented through Regulation Z.

Federal and State Usury Laws: Laws governing maximum permissible interest rates and late payment penalties in financing agreements.

State-Specific Finance Laws: Various state-level requirements including licensing and state-specific disclosures for equipment financing transactions.

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending practices and establishing notice requirements for creditors.

Fair Credit Reporting Act (FCRA): Regulates the collection, dissemination, and use of consumer credit information, including credit reporting obligations.

Internal Revenue Code: Tax regulations affecting equipment financing, including depreciation considerations and tax implications of different financing structures.

Bankruptcy Code: Federal laws governing secured creditor rights and automatic stay provisions in the event of bankruptcy.

Consumer Protection Laws: Federal and state-specific regulations protecting consumer rights in financing transactions, particularly relevant if the equipment is for consumer use.

Electronic Signatures in Global and National Commerce Act (E-SIGN): Federal law governing the validity and enforceability of electronic signatures and records in financing agreements.

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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