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Loan With Collateral Agreement for Ireland

Loan With Collateral Agreement Template for Ireland

This is a comprehensive legal agreement governed by Irish law that establishes the terms and conditions of a loan facility where specific assets are pledged as collateral to secure the borrower's obligations. The document details the loan amount, interest rates, repayment terms, and provides a thorough description of the collateral being secured. It includes provisions for the creation and perfection of security interests in compliance with Irish law, enforcement mechanisms in case of default, and addresses requirements under various Irish financial regulations including the Consumer Credit Act 1995 and Companies Act 2014 where applicable. The agreement also covers representations, warranties, and covenants to protect the lender's interests while ensuring compliance with Irish banking and security laws.

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Loan With Collateral Agreement

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What is a Loan With Collateral Agreement?

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.

What sections should be included in a Loan With Collateral Agreement?

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

What sections are optional to include in a Loan With Collateral Agreement?

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

What schedules should be included in a Loan With Collateral Agreement?

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

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

Ireland

Publisher

Ƶ

Document Type

Financing Agreement

Cost

Free to use
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

Industries









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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