Non Recourse Loan Agreement for the United States

Non Recourse Loan Agreement Template for United States

A Non-Recourse Loan Agreement is a specialized financing document used in the United States where the lender's recovery in case of default is limited strictly to the pledged collateral, with no ability to pursue the borrower's other assets. This agreement typically includes detailed provisions regarding the collateral, valuation methods, maintenance requirements, and specific circumstances under which the non-recourse nature might be altered. The document must comply with federal lending regulations, state-specific secured transaction laws, and relevant UCC provisions.

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What is a Non Recourse Loan Agreement?

The Non Recourse Loan Agreement is primarily utilized in situations where lenders agree to look solely to specific assets for loan repayment, particularly common in real estate and project finance transactions. This structure provides borrowers with limited liability while typically requiring more substantial collateral or higher interest rates to offset the lender's increased risk. The agreement must carefully balance the interests of both parties while ensuring compliance with U.S. federal and state lending regulations, including TILA, ECOA, and state-specific secured transaction laws. It's particularly important in jurisdictions like California and New York, where non-recourse lending has developed significant case law precedent.

What sections should be included in a Non Recourse Loan Agreement?

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

2. Background: Context of the loan and purpose

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Terms: Principal amount, interest rate, and payment schedule

5. Collateral Description: Detailed description of assets securing the loan

6. Non-Recourse Provisions: Explicit limitation of recovery to collateral only

7. Events of Default: Circumstances constituting default and remedies

8. Representations and Warranties: Statements of fact by borrower regarding collateral and financial condition

What sections are optional to include in a Non Recourse Loan Agreement?

1. Insurance Requirements: Required insurance coverage for collateral when specific protection is needed

2. Environmental Provisions: Environmental warranties and indemnities for real estate collateral

3. Servicer Provisions: Terms relating to loan servicing when a third-party servicer is involved

What schedules should be included in a Non Recourse Loan Agreement?

1. Schedule A - Collateral Description: Detailed description of all assets serving as collateral

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

3. Schedule C - Permitted Liens: List of pre-existing liens or encumbrances on collateral

4. Appendix A - Form of Notices: Standard forms for required notices under the agreement

5. Appendix B - UCC Financing Statements: Forms for filing security interests

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 clear disclosure of lending terms and costs to protect consumers in credit transactions

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

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

Dodd-Frank Act: Comprehensive financial reform legislation that established enhanced consumer protection and financial regulation following the 2008 financial crisis

State Usury Laws: State-specific regulations that set maximum interest rates and govern lending practices within each jurisdiction

Uniform Commercial Code (UCC): Standardized set of laws governing commercial transactions, particularly Articles 1, 3, and 9 relating to general provisions, negotiable instruments, and secured transactions

Securities Laws: Federal and state regulations including Securities Act of 1933, Securities Exchange Act of 1934, and state Blue Sky laws governing security interests

Internal Revenue Code: Federal tax regulations governing the tax treatment and implications of non-recourse debt

Bankruptcy Code: Federal laws governing bankruptcy proceedings, including specific provisions for non-recourse debt in Chapters 7 and 11

Real Estate Laws: State-specific property laws, recording requirements, and mortgage regulations applicable to property-backed non-recourse loans

Consumer Financial Protection Bureau Regulations: Federal regulatory framework establishing rules and guidelines for consumer lending practices and consumer protection

State Consumer Protection Laws: State-specific regulations designed to protect consumers in lending transactions and enforce fair lending practices

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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