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Commercial Finance Agreement Generator for the USA

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Key Requirements PROMPT example:

Commercial Finance Agreement

"I need a Commercial Finance Agreement for a $5 million equipment financing facility between our manufacturing company and First National Bank, with quarterly repayments over 5 years starting March 2025, secured against the purchased equipment."

Document background
The Commercial Finance Agreement serves as the primary documentation for business lending transactions in the United States. It is essential when businesses seek financing for operations, expansion, or specific projects. The agreement must comply with federal regulations including the UCC and Truth in Lending Act, as well as state-specific lending requirements. It typically includes detailed provisions on facility terms, security arrangements, representations and warranties, and both financial and operational covenants. This document is particularly crucial for establishing clear rights and obligations between commercial lenders and borrowers, while ensuring regulatory compliance across multiple jurisdictions.
Suggested Sections

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

2. Background: Context and purpose of the financing arrangement

3. Definitions: Key terms used throughout the agreement

4. Facility Details: Amount, purpose, and type of financing

5. Interest and Fees: Interest rates, calculation methods, and applicable fees

6. Repayment Terms: Payment schedule, prepayment provisions, and default terms

7. Security: Collateral and security arrangements

8. Representations and Warranties: Statements of fact by the borrower

9. Covenants: Ongoing obligations of the borrower

10. Events of Default: Circumstances constituting default and remedies

Optional Sections

1. Guarantees: Third-party guarantees of obligations - include when personal or corporate guarantees are required

2. Insurance Requirements: Specific insurance coverage requirements - include when collateral needs to be insured

3. Syndication Provisions: Terms for multiple lenders - include for syndicated facilities

Suggested Schedules

1. Facility Letter: Detailed terms of the facility

2. Security Documents: Details of collateral and security arrangements

3. Repayment Schedule: Detailed payment timeline and amounts

4. Conditions Precedent: List of required documents and conditions

5. Form of Drawdown Notice: Template for requesting funds

6. Financial Covenants Schedule: Detailed financial requirements and calculations

Authors

Alex Denne

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

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Industries

Uniform Commercial Code (UCC): Primary framework governing commercial transactions in the US, particularly Article 9 (Secured Transactions), Article 2 (Sales), and Article 3 (Negotiable Instruments)

Truth in Lending Act (TILA): Federal law requiring transparent disclosure of credit terms and standardized calculation methods for financing costs, including Regulation Z requirements

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending practices, including non-discrimination provisions and notice requirements

Federal Reserve Regulations: Key regulations including Regulation B (Equal Credit Opportunity) and Regulation U (Securities-based lending)

Bank Secrecy Act (BSA): Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering, including KYC requirements

Dodd-Frank Act: Comprehensive financial reform law including consumer protection provisions and disclosure requirements for financial institutions

State Usury Laws: State-specific regulations governing maximum interest rates and related charges that can be legally charged

State Licensing Requirements: State-specific regulations determining who can engage in lending activities and under what conditions

State UCC Modifications: State-specific variations and modifications to the Uniform Commercial Code

State Securities Laws: State-specific regulations governing securities-based lending and related financial activities

SEC Regulations: Federal securities regulations that may apply to certain types of commercial financing arrangements

FTC Requirements: Federal Trade Commission regulations governing fair business practices and consumer protection in commercial financing

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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