Loan Agreement Between Two Companies for the United States

Loan Agreement Between Two Companies Template for United States

A loan agreement between two companies is a legally binding contract governed by U.S. federal and state laws, documenting the terms and conditions of a business loan. The agreement specifies the loan amount, interest rate, repayment terms, security arrangements, and default provisions. It includes various protective clauses for both lender and borrower, ensuring compliance with applicable lending regulations and establishing clear rights and obligations for all parties involved.

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What is a Loan Agreement Between Two Companies?

A Loan Agreement Between Two Companies is essential when one business entity provides financial assistance to another. This document, governed by U.S. federal and state laws, establishes the fundamental aspects of the lending relationship, including loan amount, interest rates, repayment terms, and security arrangements. It's particularly important for protecting both parties' interests, ensuring regulatory compliance, and providing a clear framework for dispute resolution. The agreement should be tailored to specific business needs while adhering to relevant state usury laws and federal lending regulations.

What sections should be included in a Loan Agreement Between Two Companies?

1. Parties: Identification of lender and borrower, including full legal names and addresses

2. Background/Recitals: Context of the loan agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Purpose: Specific amount being lent and its intended use

5. Interest Rate and Calculations: Interest rate, calculation method, and payment schedule

6. Repayment Terms: Schedule, method, and conditions of repayment

7. Security: Details of any collateral or guarantees

8. Representations and Warranties: Statements of fact by both parties

9. Events of Default: Circumstances constituting default and consequences

10. Governing Law: Jurisdiction and applicable law

What sections are optional to include in a Loan Agreement Between Two Companies?

1. Prepayment Provisions: Optional terms for early repayment of the loan, including any penalties or benefits

2. Subordination: Provisions governing priority of the loan relative to other debt obligations

3. Financial Covenants: Specific financial requirements and ratios the borrower must maintain throughout the loan term

4. Assignment Rights: Terms governing the ability to transfer or assign the loan to other parties

What schedules should be included in a Loan Agreement Between Two Companies?

1. Schedule A - Repayment Schedule: Detailed schedule of payment dates and amounts

2. Schedule B - Security Documents: Comprehensive details of collateral and security arrangements

3. Schedule C - Corporate Authorizations: Documentation proving authority to enter into the agreement

4. Schedule D - Financial Statements: Current financial information of the borrower

5. Schedule E - Conditions Precedent Checklist: List of conditions that must be satisfied before loan disbursement

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
Industries

Truth in Lending Act (TILA): Federal law that requires lenders to provide standardized disclosures about credit terms and costs.

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending practices based on race, color, religion, national origin, sex, marital status, age, or source of income.

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

Uniform Commercial Code (UCC) Article 9: Governs secured transactions and provides rules for creation and enforcement of security interests in personal property.

Federal Reserve Regulations: Set of rules governing monetary policy and banking operations in the United States.

Bank Secrecy Act: Requires financial institutions to assist government agencies in detecting and preventing money laundering.

Dodd-Frank Act: Comprehensive financial reform legislation affecting lending practices and financial institution oversight.

State Usury Laws: State-specific regulations that set maximum interest rates that can be charged on loans.

State Contract Laws: State-specific regulations governing formation and enforcement of contracts.

State Commercial Codes: State-specific versions of the UCC and other commercial regulations.

State Licensing Requirements: State-specific rules regarding licensing for lending activities.

State Securities Laws: State-specific regulations governing securities and financial instruments.

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

Internal Revenue Code: Federal tax laws affecting the treatment of loan transactions and interest payments.

Corporate Authority Requirements: Rules governing corporate power to enter into loan agreements and required approvals.

Fraudulent Transfer Laws: Laws preventing transfers made to defraud creditors or made without reasonable consideration.

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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