The Common Loan Agreement serves as the primary documentation for lending transactions in the United States, whether for commercial or consumer purposes. This contract type is essential for establishing clear terms, protecting both parties' interests, and ensuring regulatory compliance. It includes crucial elements such as loan amount, interest calculations, repayment terms, default provisions, and remedies. The agreement must comply with federal lending laws and state-specific requirements, making it a comprehensive tool for managing lending relationships and mitigating risks.
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1. Parties: Identification of lender and borrower with complete legal details
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 repayment terms
5. Repayment Provisions: Schedule and methods of repayment
6. Events of Default: Circumstances constituting default and consequences
7. Representations and Warranties: Statements of fact by borrower regarding their situation
1. Security: Details of collateral if loan is secured - use for secured loans only
2. Guarantees: Terms of any guarantees provided - include when third-party guarantees are involved
3. Insurance Requirements: Required insurance coverage for collateral - include for secured loans with valuable collateral
4. Prepayment Provisions: Terms for early repayment - include when early repayment is allowed with specific conditions
1. Repayment Schedule: Detailed schedule of payment dates and amounts
2. Security Details: Detailed description of any collateral
3. Calculation of Interest: Method and examples of interest calculations
4. Required Forms: Standard forms required by regulations
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