The Loan With Collateral Agreement is a fundamental document in secured lending transactions under Irish law, used when a lender provides financing to a borrower against specific assets pledged as security. This agreement is essential for both corporate and individual lending scenarios where the lender requires security to mitigate credit risk. The document combines elements of a standard loan agreement with security creation provisions, ensuring compliance with Irish financial regulations, including the Consumer Credit Act 1995, Companies Act 2014, and relevant Central Bank regulations. It's particularly important in commercial lending, property financing, and asset-based lending transactions. The agreement details not only the basic loan terms but also the specific security interests being created, perfection requirements, enforcement mechanisms, and the rights and obligations of all parties involved. This type of agreement is commonly used in Ireland for various financing purposes, from property mortgages to business asset financing, and must be carefully structured to ensure enforceability under Irish law.
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1. Parties: Identifies the lender and borrower with full legal names and addresses
2. Background: Describes the context of the loan and purpose for which it is being made
3. Definitions: Defines key terms used throughout the agreement
4. Loan Amount and Purpose: Specifies the principal amount, purpose of the loan, and any conditions precedent to drawdown
5. Interest and Repayment Terms: Details interest rate, calculation method, payment schedule, and repayment terms
6. Collateral: Describes the assets being provided as security and creates the security interest
7. Representations and Warranties: Standard representations about legal capacity, ownership of collateral, and accuracy of information
8. Covenants: Ongoing obligations of the borrower regarding financial matters, collateral maintenance, and reporting
9. Events of Default: Lists circumstances that constitute default and trigger enforcement rights
10. Enforcement Rights: Details lender's rights and remedies upon default, including collateral seizure process
11. Costs and Expenses: Allocates responsibility for fees, costs, and expenses
12. Notices: Specifies how formal communications between parties should be made
13. Governing Law and Jurisdiction: Confirms Irish law governs and specifies courts with jurisdiction
14. Boilerplate Provisions: Standard clauses including severability, entire agreement, and amendments
1. Consumer Protection Provisions: Required when borrower is a consumer, including statutory warnings and cooling-off rights
2. Security Trustee Provisions: Required for syndicated loans or multiple lenders
3. Insurance Requirements: Detailed insurance obligations when collateral requires specific insurance coverage
4. Guarantor Provisions: Required when a third party is guaranteeing the loan
5. Registration Requirements: Specific provisions for registering security interests based on collateral type
6. Tax Provisions: Detailed tax clauses when transaction has specific tax implications
7. Currency Provisions: Required when loan or payments involve multiple currencies
8. Assignment and Transfer: Detailed provisions when loan may be syndicated or transferred
1. Schedule 1 - Collateral Description: Detailed description and identification of all assets serving as collateral
2. Schedule 2 - Repayment Schedule: Detailed payment amounts and dates
3. Schedule 3 - Conditions Precedent: List of documents and conditions required before loan drawdown
4. Schedule 4 - Form of Drawdown Notice: Template for borrower to request loan disbursement
5. Schedule 5 - Security Documents: Forms of additional security documents required
6. Schedule 6 - Financial Covenants: Detailed financial ratios and calculations
7. Appendix A - Relevant Property Certificates: Copies of property titles or certificates if real estate is collateral
8. Appendix B - Insurance Certificates: Copies of required insurance policies covering collateral
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate
Manufacturing
Retail
Agriculture
Technology
Healthcare
Construction
Transportation & Logistics
Energy & Utilities
Professional Services
Relevant Teams
Legal
Finance
Risk Management
Compliance
Credit
Treasury
Commercial Banking
Corporate Banking
Operations
Security Administration
Relevant Roles
Chief Financial Officer
Finance Director
Corporate Lawyer
Legal Counsel
Credit Manager
Risk Manager
Commercial Banking Officer
Loan Officer
Compliance Officer
Security Trustee
Corporate Secretary
Treasury Manager
Financial Controller
Business Development Manager
Relationship Manager
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