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Master Lending Agreement for the United States

Master Lending Agreement Template for United States

A Master Lending Agreement is a comprehensive legal document that establishes the framework for ongoing lending relationships between financial institutions and borrowers in the United States. It sets out the terms and conditions for multiple loan facilities, including interest rates, repayment terms, security arrangements, and borrower obligations. The agreement incorporates federal and state lending regulations, including Truth in Lending Act requirements and UCC provisions, while establishing mechanisms for drawdown, repayment, and default scenarios.

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Master Lending Agreement

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What is a Master Lending Agreement?

The Master Lending Agreement serves as the primary documentation for establishing and governing complex lending relationships in the United States. It is typically used when parties anticipate multiple loan facilities or ongoing credit arrangements, providing a standardized framework that can accommodate various types of loans and credit facilities. The agreement incorporates crucial regulatory requirements from federal legislation such as TILA and state-specific lending laws, while addressing key commercial aspects including security, guarantees, and covenant packages. This Master Lending Agreement structure reduces negotiation time for subsequent facilities and ensures consistency across multiple borrowings.

What sections should be included in a Master Lending Agreement?

1. Parties: Identification of lender and borrower with full legal names and addresses

2. Background: Context of the lending relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including facility types, calculation periods, and regulatory references

4. Facility Terms: Details of credit facilities, amounts, purposes, and availability periods

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

6. Repayment Terms: Payment schedule, methods, prepayment provisions, and mandatory prepayment events

7. Representations and Warranties: Statements of fact by borrower about their condition, status, and compliance

8. Covenants: Ongoing obligations of the borrower including financial covenants and reporting requirements

9. Events of Default: Circumstances constituting default and consequences including acceleration rights

10. Governing Law: Applicable law, jurisdiction, and dispute resolution provisions

What sections are optional to include in a Master Lending Agreement?

1. Security: Details of collateral and security arrangements, including perfection requirements

2. Guarantees: Terms of any guarantees provided by third parties

3. Syndication Provisions: Terms for multiple lenders including voting rights and transfer provisions

4. Regulatory Compliance: Specific provisions addressing compliance with banking and lending regulations

What schedules should be included in a Master Lending Agreement?

1. Facility Schedule: Detailed terms of each credit facility including amounts, pricing, and specific conditions

2. Conditions Precedent: List of required documents and conditions to be satisfied before first drawdown

3. Form of Drawdown Notice: Template for borrowing requests including required information and timing

4. Security Documents: Forms of security agreements, UCC filings, and other security documentation

5. Compliance Certificate: Template for periodic compliance reporting including financial covenant calculations

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Clauses

































Industries

Truth in Lending Act (TILA) and Regulation Z: Federal law requiring disclosure of credit terms and standardization of calculations for APR and other lending terms

Equal Credit Opportunity Act (ECOA): Prohibits discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or public assistance status

Fair Credit Reporting Act (FCRA): Regulates the collection, dissemination, and use of consumer credit information

Bank Secrecy Act (BSA): Requires financial institutions to assist government agencies in detecting and preventing money laundering

Anti-Money Laundering (AML) regulations: Framework of laws designed to prevent financial crimes and the illegal movement of money

Dodd-Frank Wall Street Reform: Comprehensive financial reform legislation affecting lending practices and consumer protection

Uniform Commercial Code (UCC) Article 9: Governs secured transactions and provides rules for creation and enforcement of security interests in personal property

CFPB Regulations: Consumer Financial Protection Bureau rules governing consumer lending practices and protections

Fair Debt Collection Practices Act (FDCPA): Regulates the conduct of debt collectors and protects borrowers from abusive collection practices

Fair Credit Billing Act: Protects consumers from unfair billing practices and provides dispute resolution procedures

Electronic Fund Transfer Act: Establishes rights, liabilities, and responsibilities of participants in electronic fund transfer systems

Real Estate Settlement Procedures Act (RESPA): Requires lenders to provide borrowers with disclosures about real estate settlement costs and prohibits kickbacks

Home Mortgage Disclosure Act (HMDA): Requires financial institutions to maintain and disclose data about home lending to ensure non-discriminatory practices

State Usury Laws: State-specific regulations limiting maximum interest rates and loan charges that lenders can assess

State Licensing Requirements: State-specific rules governing the licensing and operation of lending institutions

State Consumer Protection Laws: State-specific regulations protecting consumers in lending transactions

Securities Laws: Federal and state regulations governing lending activities that may constitute securities offerings

Bankruptcy Laws: Federal laws affecting creditor rights and loan enforcement in bankruptcy situations

Tax Regulations: Federal and state tax implications related to lending activities and interest income

E-SIGN Act: Federal law governing the validity of electronic signatures and records in lending transactions

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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