The Inter Company Loan Agreement is essential for documenting financial transactions between affiliated companies under U.S. jurisdiction. It ensures compliance with IRS regulations, particularly regarding transfer pricing and arm's length transactions. This document is crucial when companies within the same group need to establish formal lending arrangements, whether for operational funding, expansion, or strategic purposes. The agreement includes specific provisions required by U.S. law, such as market-rate interest terms, clear repayment schedules, and appropriate corporate authorizations.
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1. Parties: Identification of the lender and borrower companies, including registration details
2. Background/Recitals: Context of the loan and relationship between the companies
3. Definitions: Key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount and intended use
5. Interest Rate: Interest rate terms and calculation method
6. Repayment Terms: Schedule and method of repayment
7. Representations and Warranties: Standard company representations from both parties
8. Events of Default: Circumstances constituting default
9. Governing Law: Applicable jurisdiction and law
1. Security: Details of any collateral - include when loan is secured
2. Guarantees: Details of any guarantees provided - include when third-party guarantees are involved
3. Subordination: Priority of the loan relative to other debt - include when multiple creditors exist
4. Tax Provisions: Handling of tax implications - include for cross-border loans
1. Repayment Schedule: Detailed timeline of repayment installments
2. Interest Calculation Examples: Illustrations of interest calculations
3. Form of Drawdown Notice: Template for requesting loan disbursements
4. Security Details: Details of any collateral or security arrangements (for secured loans)
5. Corporate Authorizations: Copies of relevant board resolutions and authorizations
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