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Loan Agreement

Loan Agreement

Each referred to as a “Party” and collectively as the “Parties”.

This Loan Agreement, hereinafter referred to as “Agreement”, is entered into and made effective
upon signature by both Parties. 

WHEREAS, the Lender agrees to lend to the Borrower [Insert Loan amount] and the Borrower owes the Lender [Insert Loan amount] (the "Loan") with interest on the unpaid Loan at the rate of [Insert rate of interest denoting a percentage] per annum, on [Insert date of which loan is being signed]; and

WHEREAS, the Borrower and the Lender desire to enter into an agreement whereby the Borrower shall pay the Lender the sum of the Loan and interest on a payment plan according to the terms and conditions herein:

NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Borrower and the Lender covenant and agree as follows:

1. Loan Amount.

The Parties agree the Lender will loan the Borrower [Insert Loan amount].

2. Loan Acknowledgement:

The Borrower agrees and acknowledges that the Borrower owes the Lender an amount of money equal to the Loan as defined above. 

3. Representation and Warranty of Owing Party:

The Borrower hereby represents and warrants that this Agreement and the payment plan herein have been developed in a manner that the Borrower reasonably believes he can pay the Lender without further interruption notwithstanding an additional change in circumstances.

4. Payment Plan:

The Parties hereby agree to the payment plan (the "Plan") described as follows:

4.1 Installments: By this Agreement, it is agreed that a payment in the amount of [Insert amount] will be surrendered to the Lender annually/monthly/weekly/other on [Insert date/day] of each year/month/week/other.

4.1.1 The Borrower will continue to make payments according to this schedule until the total Loan and accrued interest is repaid on [Insert date] (“the Due Date”). 

4.1.2 Unpaid principal after the Due Date listed above shall accrue interest at a rate of [Insert rate the Borrower will be paying on principal that has not been repaid by the due date denoting a percentage] annually until paid. Or;

4.2 Lump Sum: By this Agreement, it is agreed that the Loan and accrued interest shall be payable in full on [Insert date].

4.2.1 Unpaid principal after the Due Date listed above shall accrue interest at a rate of [Insert rate the Borrower will be paying on principal that has not been repaid by the due date denoting a percentage] annually until paid. Or; 

4.3 Due on Demand: By this Agreement, it is agreed that the unpaid Loan and accrued interest shall be payable in full on any future date on which the Lender demands repayment.

4.3.1 Unpaid principal after the Due Date listed above shall accrue interest at a rate of [Insert rate the Borrower will be paying on principal that has not been repaid by the due date denoting a percentage] annually until paid.

5. Method of Payment: 

Payment shall be made to the Lender in accordance with the Plan via [Cash/Check/Money Order/Automatic Bank Withdrawal/Other]

5.1 The Borrower will make payment using this method unless prior written approval from the Lender allows otherwise.

6. Early Payoff:

The Borrower reserves the right to pay off any remaining amount due, in full, before the Due Date, with no prepayment penalty. If the entire amount is paid off by [Insert date by which the amount needs to be paid off to get a discount for early payment], the Borrower will receive a discount as follows: 

[Insert description of the discount the Borrower will receive for repaying the loan before the due date].

7. Security:

This Agreement is secured by the following collateral ("Collateral"):

[Insert description of the collateral that is being used to secure the loan]

7.1 Until this Loan is paid in full, the Borrower grants the Lender a security interest in the Collateral. The Borrower hereby agrees to list the Lender as a lender on the title of the Security, regardless of the Lender's choice to perfect the security interest.

7.2 If the Borrower defaults on this Agreement and does not make payment for [Insert number of days] after it is demanded by the Lender, the Collateral will revert to the Lender and all rights in the ownership of such Collateral will belong to the Lender.

8. Default:

The following events constitute default of this Agreement and upon their occurrence, the entirety of any remaining amount due shall become immediately payable:

8.1 Borrower's failure to pay the Principal Sum or any accrued interest when such payments are due;

8.2 Borrower's insolvency;

8.3 Borrower's death, incompetency; liquidation, or dissolution;

8.4 Borrower's making of a general assignment for the benefit of Borrower's creditors;

8.5 Borrower's filing of any bankruptcy proceedings;

8.6 Any application for the appointment of a receiver for the Borrower; or

8.7 Borrower's misrepresentation to the Lender for the purposes of obtaining this Agreement

9. Legal Fees.

In the event of a dispute resulting in legal action, the successful Party will be entitled to its legal fees, including, but not limited to its attorneys’ fees, collection fees and the like.

10. Severability.

In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.

11. Waiver.

The failure by either Party to exercise any right, power or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.

12. Assignment:

The Lender may assign this Agreement with written notice to the Borrower. In the event of such assignment, the assignee may designate a new method of payment if desired.

13. Governing Law and Jurisdiction.

The Parties agree that this Agreement shall be governed by the State and/or Country in which both Parties reside/do business. In the event that the Parties reside/do business in different States and/or Countries, this Agreement shall be governed by [Insert State and/or Country] law.

14. Entire Agreement.

The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.

What is a Loan Agreement?

A loan agreement is a contract between two parties detailing and formalizing the terms of a loan. loan. While a Loan Agreement is often characterized as a one-way agreement setting out terms of repayment, such contracts are indeed two-way, detailing obligations on the part of both the lender and the borrower.

Still, it is correct to say the primary purpose and function of a Loan Agreement is to detail things like the sum of money involved and how and when it will be repaid.

What should be included in a Loan Agreement?

Due to the nature of a Loan Agreement, you must include all necessary and relevant details, so both yourself and the borrower are protected and enjoy the benefits of pursuing this transaction.

Ensure your Loan Agreement contains the following details:

  • Parties’ details. Who is the lender, and who is the borrower? Having address and contact details is particularly crucial in the event of disputes needing to be resolved.
  • Financial details of the loan. How much are you lending to the borrower? How much does the borrower owe? What interest rate applies to the loan? On which date will the interest apply, and how will it be applied to the loan?
  • Repayment terms. This is perhaps the most vital area in avoiding any ambiguity and guaranteeing clarity between both parties. First, you need to decide the general repayment terms, which could be via installments, a lump sum, or on-demand. For an installment loan, you should detail how much should be repaid, at what frequency, and on what specific date. You should also highlight the final payment date and detail how additional interest will accrue if the borrower misses or does not make payments in full. For lump sum repayments, you simply need to outline the date the payment is due, and detail how any additional interest will accrue if the full amount is not repaid. For due-on-demand repayments, you only need to outline how interest will accrue if the total amount is not repaid on demand. You may also wish to detail a notice period, so while the payment is "due on demand," you may want to cite a period of seven days, for example, in which it must be paid.
  • Method of payment. Detail how the borrower should make repayments. If they are not paying via direct debit, ensure you include details that will enable you to track payments that have been received.
  • Early payoff terms. Add any terms around early payoffs, such as a discount for making early or extra payments and whether this changes how interest is calculated.
  • Security. If you are lending on a secured basis, detail the collateral or asset being used by the borrower to secure the loan. You should also describe the conditions under which you would take ownership of the collateral, such as a payment being 30 days late, for example.
  • Governing law. Detail under which jurisdiction your Loan Agreement is governed.

When should I use a Loan Agreement?

Even if your business is not in the financial services industry offering products like personal loans and mortgages, you might still find yourself lending money to individuals or other businesses on certain occasions.

Whether you are a financial services business or not, ensure you have a robust Loan Agreement in place whenever you lend any sum of money to another party.

Why use a Loan Agreement?

Using a Loan Agreement is more robust and offers both parties more protection than other documents such as an IOU or Promissory Note. If you will be lending a significant sum of money to an individual or another business, it makes sense to have as much legal protection as possible. Doing so delivers trust and peace of mind and ensures you have a mechanism for reclaiming the loan should the other party not repay you as agreed.

Where and how to use a Loan Agreement?

Use Contractbook’s Loan Agreement template to help you draw up a contract that is 100% suited to your needs. Our template will ensure you cover all relevant details and clauses and ensure that both yourself and the borrower enjoy stringent protection from your Loan Agreement, increasing the chances of a wholly positive transaction where your business receives repayments as expected.

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