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Secured Credit Agreement Template for United States

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Key Requirements PROMPT example:

Secured Credit Agreement

"Need a Secured Credit Agreement for a $5 million manufacturing equipment loan to be secured by the equipment and company inventory, with quarterly repayments over 5 years starting March 2025 and including specific covenants about maintaining equipment condition."

Document background
The Secured Credit Agreement is essential when a lender requires collateral to secure a loan under U.S. law. This document is commonly used in commercial lending transactions where the borrower pledges specific assets as security for the loan. The agreement must comply with UCC Article 9 requirements and other applicable federal and state regulations. It typically includes detailed provisions about the collateral, perfection of security interests, representations and warranties, covenants, and events of default. The Secured Credit Agreement protects both lender and borrower by clearly defining their rights and obligations throughout the loan term.
Suggested Sections

1. Parties: Identifies lender, borrower, and any guarantors

2. Background: States purpose of loan and context of agreement

3. Definitions: Defines key terms used throughout agreement

4. Loan Amount and Terms: Specifies principal amount, interest rate, and repayment terms

5. Security Interest: Describes collateral and grants security interest

6. Representations and Warranties: Borrower's statements about financial condition and collateral

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

8. Events of Default: Circumstances constituting default and remedies

9. Enforcement Rights: Lender's rights and remedies upon default

10. Miscellaneous: Standard boilerplate provisions including governing law, notices, and amendments

Optional Sections

1. Guaranty Provisions: Terms of guarantee when third-party guarantors are involved

2. Insurance Requirements: Specific insurance requirements for collateral and borrower

3. Subordination Provisions: Terms regarding priority of security interests when multiple secured creditors exist

4. Tax Provisions: Specific tax-related obligations and allocations

5. Intercreditor Provisions: Terms governing relationships between multiple creditors

Suggested Schedules

1. Schedule of Collateral: Detailed description and itemization of all collateral securing the loan

2. Schedule of Permitted Liens: List of pre-existing liens and encumbrances allowed on collateral

3. Payment Schedule: Detailed repayment schedule including dates, amounts, and calculation methodology

4. UCC Financing Statements: Forms for perfecting security interest in the collateral

5. Financial Covenants Schedule: Detailed financial ratios and requirements that borrower must maintain

6. Compliance Certificate: Form of certificate for periodic compliance reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

UCC Article 9: Uniform Commercial Code Article 9 governs secured transactions, including creation, perfection, and priority of security interests in personal property

TILA: Truth in Lending Act requires disclosure of key terms and costs in lending agreements to promote informed consumer credit decisions

ECOA: Equal Credit Opportunity Act prohibits discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or public assistance status

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

Dodd-Frank Act: Comprehensive financial reform legislation that established the CFPB and introduced various consumer protection measures in lending

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

USA PATRIOT Act: Includes requirements for customer identification and verification in financial transactions

State UCC Variations: State-specific modifications and adoptions of the Uniform Commercial Code that may affect secured transactions

State Usury Laws: State-specific limitations on interest rates and loan charges that can be assessed on credit agreements

State Security Interest Laws: State-specific requirements for creating, perfecting, and enforcing security interests and liens

Securities Exchange Act: Federal law governing securities trading and relevant when securities serve as collateral in secured transactions

Bankruptcy Code: Federal laws affecting creditor rights and treatment of security interests in bankruptcy proceedings

Federal Reserve Regulations: Various regulations affecting lending practices, including Regulation Z (implementing TILA) and margin requirements

Internal Revenue Code: Tax implications and requirements related to secured 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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