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Lender And Borrower Agreement Template for England and Wales

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Key Requirements PROMPT example:

Lender And Borrower Agreement

"I need a Lender and Borrower Agreement for a secured business loan of £500,000 to be repaid over 5 years, with quarterly interest payments and first drawdown expected in March 2025."

Document background
The Lender and Borrower Agreement is a fundamental legal document used in England and Wales for documenting loan arrangements between parties. It is essential for both commercial and personal lending, providing clarity on loan terms, protecting both parties' interests, and ensuring regulatory compliance. The agreement typically includes detailed provisions on loan amount, interest calculations, repayment terms, security arrangements, and default scenarios. It's particularly important in the context of UK financial regulations, including the Consumer Credit Act 1974 and Financial Services and Markets Act 2000.
Suggested Sections

1. Parties: Identification and details of the lender and borrower

2. Background: Context of the loan and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Loan Amount and Purpose: Specified amount and intended use of funds

5. Interest Rate and Calculations: Interest rate, calculation method, and payment schedule

6. Repayment Terms: Payment schedule, method, and duration

7. Security: Any collateral or guarantees required

8. Events of Default: Circumstances constituting default and consequences

9. Representations and Warranties: Statements of fact by both parties

Optional Sections

1. Early Repayment: Terms for early loan settlement when early repayment is permitted

2. Assignment: Rights to transfer the agreement when transfer rights are relevant

3. Insurance Requirements: Required insurance coverage when specific insurance is required

Suggested Schedules

1. Repayment Schedule: Detailed payment dates and amounts

2. Security Details: Detailed description of any collateral

3. Conditions Precedent: List of conditions to be met before drawdown

4. Form of Drawdown Notice: Template for requesting loan disbursement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses

































Industries

Consumer Credit Act 1974: Primary legislation governing credit agreements, including licensing requirements, mandatory information disclosure, and borrower protections

Financial Services and Markets Act 2000: Establishes regulatory framework, authorization requirements, and financial promotions rules for lending activities

Consumer Rights Act 2015: Covers unfair terms provisions, transparency requirements, and consumer protection measures in lending agreements

Misrepresentation Act 1967: Governs statements and representations in agreements and provides remedies for misrepresentation

GDPR and Data Protection Act 2018: Regulates data processing requirements, privacy notices, and data protection clauses in lending agreements

Financial Services and Markets Act 2000 (Regulated Activities) Order 2001: Defines and specifies regulated lending activities under UK law

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices in lending relationships

FCA Regulations and Guidelines: Includes consumer credit sourcebook (CONC), treating customers fairly principles, and responsible lending guidelines

Money Laundering Regulations 2017: Sets out due diligence requirements and record keeping obligations for lenders

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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