Lending Agreement With Collateral for the United States

Lending Agreement With Collateral Template for United States

A Lending Agreement with Collateral is a legally binding document used in the United States that establishes the terms and conditions of a secured loan. It details the loan amount, interest rate, repayment terms, and specifically describes the assets pledged as collateral. The agreement includes provisions for the creation and perfection of security interests under the Uniform Commercial Code (UCC) and relevant state laws, as well as remedies in case of default.

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What is a Lending Agreement With Collateral?

The Lending Agreement with Collateral serves as a comprehensive framework for secured lending transactions in the United States. This document is essential when a lender requires security for a loan in the form of specific assets. It combines standard loan provisions with detailed collateral arrangements, complying with federal regulations including the Truth in Lending Act and state-specific UCC requirements. The agreement is commonly used for both commercial and consumer lending, though specific provisions vary based on the transaction type and jurisdiction. It provides security for the lender while establishing clear rights and obligations for both parties.

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

1. Parties: Identifies the lender and borrower with full legal names and addresses

2. Background: Explains the context of the loan and the parties' intent to enter into the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Loan Amount and Terms: Specifies the principal amount, interest rate, and repayment terms

5. Collateral Description: Detailed description of the assets serving as collateral

6. Security Interest: Establishes the lender's security interest in the collateral

7. Representations and Warranties: Statements of fact by the borrower regarding their status and the collateral

8. Events of Default: Defines circumstances constituting default and remedies

9. Governing Law: Specifies the jurisdiction and applicable law

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

1. Insurance Requirements: Details required insurance coverage for collateral when the collateral requires insurance protection

2. Guaranty Provisions: Terms of any third-party guarantees when there are personal or corporate guarantors

3. Subordination Terms: Provisions regarding priority of security interests when there are multiple secured creditors

4. Cross-Default Provisions: Links defaults under other agreements when borrower has multiple loans with lender

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

1. Schedule A - Collateral Description: Detailed inventory or description of collateral assets

2. Schedule B - Payment Schedule: Amortization schedule or payment terms

3. Schedule C - UCC Filing Information: Details for UCC-1 financing statements

4. Appendix A - Insurance Requirements: Specific insurance requirements for collateral

5. Appendix B - Guarantor Documents: Related guaranty agreements and documents

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

Security Agreement

Cost

Free to use
Industries

Truth in Lending Act (TILA) and Regulation Z: Federal law that requires lenders to provide standardized disclosures about loan terms and costs, protecting consumers in credit transactions

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or whether applicant receives public assistance

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information

UCC Article 9 - Secured Transactions: Uniform Commercial Code article governing secured transactions, including creation and perfection of security interests in collateral

UCC Article 2 - Sales: Uniform Commercial Code article covering the sale of goods, which may be relevant if the collateral involves sale of goods

UCC Article 3 - Negotiable Instruments: Uniform Commercial Code article governing negotiable instruments, including promissory notes used in lending

State Usury Laws: State-specific laws setting maximum interest rates that can be charged on loans

State Consumer Protection Laws: State-specific regulations protecting consumers in lending transactions and defining required disclosures

Security Interest Perfection Rules: Legal requirements for properly recording and perfecting security interests in collateral to ensure priority

CFPB Regulations: Consumer Financial Protection Bureau rules governing consumer lending practices and consumer protection

Fair Debt Collection Practices Act: Federal law restricting debt collection practices and protecting borrowers from abusive collection tactics

SEC Regulations: Securities and Exchange Commission rules that may apply to certain business lending arrangements

Federal Bankruptcy Code: Federal laws governing bankruptcy proceedings and creditor rights in bankruptcy

State Bankruptcy Exemptions: State-specific rules determining what property is exempt from creditor claims in bankruptcy

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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