The Demand Loan and Term Loan agreement is utilized when parties seek to establish a flexible financing arrangement that combines immediate-recall capabilities with structured repayment terms. This dual-nature document is particularly valuable for businesses requiring both working capital (demand portion) and long-term investment funding (term portion). The agreement must comply with U.S. federal regulations including the Truth in Lending Act, Equal Credit Opportunity Act, and state-specific lending laws. It typically includes detailed provisions for interest calculation, repayment terms, security arrangements, and default scenarios.
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1. Parties: Identification of lender and borrower with full legal names and addresses
2. Background: Context of the loan arrangement and purpose
3. Definitions: Key terms used throughout the agreement
4. Loan Amount and Type: Specification of the loan amount and whether it's demand or term portion
5. Interest Rate: Interest rate terms, calculation method, and payment schedule
6. Repayment Terms: Payment schedule, methods, and conditions
7. Events of Default: Circumstances constituting default and consequences
8. Representations and Warranties: Statements of fact by borrower regarding their status and ability to repay
1. Security: Details of collateral if loan is secured - include when loan is secured by assets
2. Guarantees: Terms of any guarantees provided - include when third-party guarantees are involved
3. Insurance Requirements: Required insurance coverage for collateral - include when loan is secured by physical assets
4. Financial Covenants: Financial ratios and requirements borrower must maintain - include for business loans with specific performance requirements
1. Repayment Schedule: Detailed schedule of payment dates and amounts
2. Security Details: Detailed description of collateral and security arrangements
3. Fee Schedule: Breakdown of all applicable fees
4. Required Insurance: Details of required insurance coverage
5. Financial Covenants Schedule: Specific financial metrics and reporting requirements
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