Loan Agreement Between Lender Borrower And Guarantor for the United States

Loan Agreement Between Lender Borrower And Guarantor Template for United States

This is a comprehensive legal agreement governed by U.S. federal and state laws that establishes the terms and conditions of a loan between three parties: a lender, a borrower, and a guarantor. The document outlines the loan amount, interest rates, repayment terms, and the guarantor's obligations. It includes provisions for default, security (if applicable), and complies with relevant federal regulations including the Truth in Lending Act and state-specific usury laws.

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What is a Loan Agreement Between Lender Borrower And Guarantor?

The Loan Agreement Between Lender, Borrower And Guarantor is essential when establishing secured or unsecured lending arrangements in the United States where additional payment security is required through a guarantee. This agreement is commonly used in business financing, real estate transactions, and personal lending where the borrower's creditworthiness needs enhancement through a third-party guarantee. The document ensures compliance with federal and state lending laws while protecting all parties' interests by clearly defining loan terms, repayment obligations, and the scope of the guarantee.

What sections should be included in a Loan Agreement Between Lender Borrower And Guarantor?

1. Parties: Identifies and defines the Lender, Borrower, and Guarantor with full legal names and addresses

2. Background: Explains the context and purpose of the loan agreement

3. Definitions: Defines key terms used throughout the agreement including Loan Amount, Interest Rate, Security, Event of Default

4. Loan Amount and Terms: Specifies principal amount, interest rate, term of loan, and repayment terms including payment schedule

5. Guarantor Obligations: Details the guarantor's responsibilities, extent of guarantee, and conditions of liability

6. Representations and Warranties: Statements of fact by all parties about their legal capacity, authority, and financial condition

7. Events of Default: Lists circumstances constituting default and consequences thereof

8. Remedies: Details rights and remedies available to the Lender upon default

9. General Provisions: Standard contract clauses including notices, amendments, governing law, and jurisdiction

What sections are optional to include in a Loan Agreement Between Lender Borrower And Guarantor?

1. Security: Details of any collateral securing the loan, including description and maintenance requirements

2. Insurance Requirements: Specifies required insurance coverage for borrower and/or collateral

3. Prepayment Provisions: Terms and conditions for early repayment, including any prepayment penalties

4. Covenants: Specific promises by borrower regarding financial maintenance, reporting, and conduct

What schedules should be included in a Loan Agreement Between Lender Borrower And Guarantor?

1. Schedule A - Repayment Schedule: Detailed schedule of payment dates, amounts, and allocation between principal and interest

2. Schedule B - Collateral Description: Detailed description of any security/collateral provided for the loan

3. Schedule C - Guarantor Financial Statements: Current financial information and statements of the guarantor

4. Schedule D - Form of Promissory Note: Template or actual promissory note evidencing the debt

5. Schedule E - Required Insurance Certificates: Copies or details of required insurance policies

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
Relevant legal definitions
Clauses
Industries

Truth in Lending Act (TILA): Federal law requiring lenders to provide standardized disclosures about loan terms and costs, protecting consumers from unfair lending practices

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

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

Consumer Credit Protection Act: Comprehensive federal law protecting consumers in credit transactions, including regulations on garnishment and debt collection

Dodd-Frank Act: Federal legislation establishing consumer protection regulations and financial industry reforms, including creation of the Consumer Financial Protection Bureau

Federal Reserve Regulation Z: Implementation regulation for TILA, providing specific requirements for disclosures, advertising, and other aspects of consumer credit

State Usury Laws: State-specific regulations setting maximum legal interest rates and defining usurious lending practices

State Lending Regulations: State-specific rules governing lending practices, licensing requirements, and consumer protections within the state

State Contract Laws: State-specific requirements for valid contract formation, enforcement, and remedies

UCC Article 3: Uniform Commercial Code provisions governing negotiable instruments, including promissory notes and drafts

UCC Article 9: Uniform Commercial Code provisions governing secured transactions and creation of security interests in personal property

Securities Laws: Federal and state regulations that may apply if the loan arrangement could be classified as a security

Banking Regulations: Federal and state banking laws governing institutional lending practices and requirements

Bankruptcy Laws: Federal laws affecting creditor rights and loan enforcement in case of borrower bankruptcy

Documentation Requirements: State-specific requirements for document execution, including notarization and recording requirements for secured loans

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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