Undertaking Loan Agreement Template for England and Wales

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Key Requirements PROMPT example:

Undertaking Loan Agreement

"I need an Undertaking Loan Agreement for a secured business loan of £500,000 to a tech startup, with quarterly interest payments and a two-year term starting March 2025, including standard security provisions and financial covenants."

Document background
The Undertaking Loan Agreement is commonly used in England and Wales when one party wishes to provide financial assistance to another under formal, legally binding terms. This document is essential for protecting both lender and borrower interests, clearly defining the loan terms, repayment obligations, and consequences of default. It incorporates requirements from relevant financial services legislation and consumer protection laws, making it suitable for both commercial and personal lending arrangements. The agreement can be adapted for various lending scenarios, from simple unsecured loans to complex secured financing arrangements.
Suggested Sections

1. Parties: Identifies and defines the lender and borrower

2. Background: Sets out the context and purpose of the loan

3. Definitions: Defines key terms used throughout the agreement

4. Loan Amount and Purpose: Specifies the amount being lent and its intended use

5. Interest: Details interest rate, calculation method and payment terms

6. Repayment Terms: Specifies how and when the loan will be repaid

7. Events of Default: Lists circumstances constituting default and consequences

8. Representations and Warranties: Statements of fact and assurances from the borrower

9. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment

Optional Sections

1. Security: Details of any collateral or guarantees - used when the loan is secured

2. Conditions Precedent: Conditions that must be met before drawdown - used for complex or high-value loans

3. Covenants: Ongoing obligations of the borrower - used for business loans or high-value personal loans

4. Information Undertakings: Requirements for ongoing financial reporting and disclosure - used for business loans

Suggested Schedules

1. Schedule 1 - Repayment Schedule: Detailed breakdown of repayment dates and amounts

2. Schedule 2 - Security Details: Detailed description of any security provided (for secured loans)

3. Schedule 3 - Conditions Precedent Documents: List of required documents pre-drawdown (for complex loans)

4. Schedule 4 - Form of Drawdown Notice: Template for requesting loan disbursement

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements in England and Wales. Essential if the loan is being made to a consumer rather than a business.

Financial Services and Markets Act 2000: Key legislation regulating financial services activities including lending. Establishes regulatory framework and requirements for financial institutions.

Consumer Rights Act 2015: Modern legislation protecting consumer rights and defining unfair terms in consumer contracts including loans.

Unfair Contract Terms Act 1977: Regulates unfair terms in contracts, particularly exclusion clauses and limitations of liability.

Law of Property Act 1925: Fundamental legislation for secured lending, particularly relevant if the loan is secured against property.

FCA Handbook (CONC): Financial Conduct Authority's Consumer Credit sourcebook containing detailed rules and guidance for consumer credit activities.

RAO 2001: Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 - Defines which activities require FCA authorization.

Consumer Credit Disclosure Regulations 2010: Specifies information that must be disclosed to consumers in credit agreements.

Financial Promotion Order 2005: Regulates how financial products, including loans, can be marketed and promoted.

Money Laundering Regulations 2017: Sets out requirements for customer due diligence and anti-money laundering procedures in financial transactions.

Data Protection Act 2018: Governs how personal data must be handled, including credit information and customer details.

UK GDPR: Post-Brexit data protection regulation defining how personal data must be processed and protected.

Limitation Act 1980: Establishes time limits within which legal actions relating to the loan agreement must be brought.

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices and sets standards for business-to-consumer 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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