The Investment Loan Agreement serves as the primary documentation for secured or unsecured investment funding transactions in the United States. This document is essential when businesses or individuals seek substantial financing for investment purposes, such as property acquisition, business expansion, or project development. The agreement must comply with federal regulations including the Truth in Lending Act, Securities Acts, and state-specific lending laws. It typically includes comprehensive provisions for loan terms, security arrangements, representations and warranties, and default scenarios. The document's structure and content are designed to protect both lender and borrower interests while ensuring regulatory compliance.
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1. Parties: Identification of lender and borrower with full legal names and addresses
2. Background/Recitals: Context of the loan, purpose, and preliminary understanding between parties
3. Definitions: Key terms used throughout the agreement
4. Loan Amount and Purpose: Specific amount being lent and its intended use
5. Interest Rate and Payments: Interest rate, calculation method, payment schedule, and terms
6. Security and Collateral: Assets or securities pledged against the loan
7. Representations and Warranties: Statements of fact by borrower regarding their situation and ability to repay
8. Covenants: Ongoing obligations of the borrower during loan term
9. Events of Default: Circumstances constituting default and consequences
10. Governing Law: Jurisdiction and applicable law
1. Guarantees: Third-party guarantees of the loan - used when there are personal or corporate guarantors
2. Insurance Requirements: Required insurance coverage for collateral - used when specific assets are used as collateral
3. Syndication Provisions: Terms for multiple lenders - used for syndicated loans with multiple lenders
4. Conversion Rights: Terms for converting debt to equity - used for convertible loans
1. Payment Schedule: Detailed repayment timeline and amounts
2. Collateral Schedule: Detailed list and description of security/collateral
3. Financial Covenants Schedule: Specific financial ratios and requirements
4. Due Diligence Checklist: Required documentation and verification items
5. Form of Promissory Note: Standard form for the associated promissory note
6. Security Agreement Forms: Standard forms for security documentation
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