Pre Financing Agreement for the United States

Pre Financing Agreement Template for United States

A Pre-Financing Agreement is a legally binding contract under U.S. law that establishes the terms and conditions under which a financing provider will extend future funding to a recipient. The agreement outlines conditions precedent, repayment terms, security arrangements, and obligations of all parties. It typically includes provisions compliant with federal regulations such as the Truth in Lending Act and state-specific lending laws.

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What is a Pre Financing Agreement?

Pre Financing Agreements are essential documents in U.S. commercial financing transactions, used when parties need to establish terms for future funding arrangements before the actual disbursement of funds. These agreements serve as preliminary frameworks that outline the conditions, commitments, and requirements that must be met before financing is provided. The document typically includes detailed terms about funding amounts, interest rates, security arrangements, and conditions precedent, while ensuring compliance with federal regulations such as TILA and state-specific lending laws. A Pre Financing Agreement is particularly crucial in complex transactions where multiple parties are involved or where significant due diligence is required before final financing can be extended.

What sections should be included in a Pre Financing Agreement?

1. Parties: Identification and details of the financing provider and recipient

2. Background: Context and purpose of the pre-financing arrangement

3. Definitions: Key terms used throughout the agreement

4. Financing Terms: Amount, interest rates, repayment terms, and conditions

5. Conditions Precedent: Requirements that must be met before financing is provided

6. Representations and Warranties: Statements of fact by the financing recipient

7. Covenants: Ongoing obligations of the parties

8. Events of Default: Circumstances that constitute breach and remedies

What sections are optional to include in a Pre Financing Agreement?

1. Security: Details of any collateral or security arrangements - include when financing is secured by assets

2. Guarantees: Terms of any third-party guarantees - include when financing includes guarantors

3. Insurance Requirements: Required insurance coverage - include when specific insurance is required to protect the financed assets

What schedules should be included in a Pre Financing Agreement?

1. Schedule of Assets: Detailed list of assets being financed or used as security

2. Payment Schedule: Detailed breakdown of payment amounts and dates

3. Form of Drawdown Notice: Template for requesting funds under the agreement

4. Required Documents List: Checklist of documents required for conditions precedent

5. Form of Compliance Certificate: Template for periodic compliance certification

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

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Manufacturing
International Trade
Construction
Technology
Agriculture

Relevant Teams

Finance
Legal
Treasury
Risk Management
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Relevant Roles

Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Risk Manager

Industries

Truth in Lending Act (TILA): Federal law that requires clear disclosure of lending terms and costs to protect consumers in credit transactions

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

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

Dodd-Frank Act: Comprehensive financial reform legislation that established the CFPB and introduced various financial regulations post-2008 crisis

Securities Act of 1933: Requires registration of securities offerings and detailed financial disclosure to ensure transparency in financial statements

Securities Exchange Act of 1934: Governs secondary trading of securities and establishes the SEC

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

Blue Sky Laws: State-level securities regulations that govern the offering and sale of securities to protect investors from fraudulent activities

Uniform Commercial Code (UCC): Standardized set of business laws regulating financial contracts and transactions, particularly Article 9 (Secured Transactions) and Article 2 (Sales)

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

USA PATRIOT Act: Includes provisions for strengthening anti-money laundering procedures and customer identification requirements in financial transactions

Bankruptcy Code: Federal laws governing bankruptcy proceedings that may affect the enforceability and priority of pre-financing agreements

IRS Regulations: Tax implications and reporting requirements related to financing transactions and interest income

CFPB Regulations: Consumer Financial Protection Bureau rules governing consumer financial products and services, including lending practices

Federal Reserve Board Regulations: Rules and guidelines affecting banking practices, interest rates, and financial institution operations

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Unsecured Loan Agreement Between Two Companies

A U.S.-governed agreement establishing terms for an unsecured loan between two companies, including repayment obligations and default provisions.

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What is a Pre Financing Agreement?

What sections should be included in a Pre Financing Agreement?

What sections are optional to include in a Pre Financing Agreement?

What schedules should be included in a Pre Financing Agreement?

Authors

Alex Denne

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