Loan Indemnification Agreement Generator for United States

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Key Requirements PROMPT example:

Loan Indemnification Agreement

"I need a Loan Indemnification Agreement to protect our bank against potential losses on a $5 million commercial property loan, where the parent company will serve as the indemnitor for its subsidiary's borrowing, to be effective from March 1, 2025."

Document background
A Loan Indemnification Agreement is essential when parties seek to allocate risk in lending transactions. This document is commonly used when a third party wishes to provide additional security to a lender beyond standard loan documentation, or when restructuring existing loan arrangements. The agreement specifies the scope of protection, triggering events, and claim procedures. Under U.S. law, these agreements must comply with federal regulations such as the Truth in Lending Act, as well as state-specific lending and contract laws. The document is particularly important in complex lending situations where multiple parties are involved or where significant risks need to be managed.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including lender, borrower, and indemnitor

2. Background: Explains the context of the loan and reason for indemnification

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Indemnification: Details what losses and liabilities are covered

5. Indemnification Obligations: Specifies the indemnitor's duties and responsibilities

6. Term and Termination: Duration of the agreement and conditions for termination

Optional Sections

1. Security Provisions: Details of any collateral or security arrangements - used when the indemnification is secured by assets

2. Insurance Requirements: Specifies required insurance coverage - used when specific insurance is required to back the indemnification

3. Assignment Rights: Terms for transferring rights under the agreement - used when parties want to allow for potential transfer of rights

Suggested Schedules

1. Schedule A - Loan Details: Details of the underlying loan being indemnified

2. Schedule B - Excluded Claims: List of specific claims or circumstances excluded from indemnification

3. Appendix 1 - Notice Requirements: Procedures for providing notice of claims

4. Appendix 2 - Claim Procedures: Step-by-step process for making and resolving indemnification claims

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

Industries

Truth in Lending Act (TILA): Federal law that requires lenders to provide standardized disclosures about loan terms and costs, protecting consumers in credit transactions

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending practices based on race, color, religion, national origin, sex, marital status, age, or receipt of public assistance

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

Dodd-Frank Act: Comprehensive financial reform legislation that includes provisions affecting lending practices and consumer protection in financial transactions

Federal Trade Commission Act: Prohibits unfair or deceptive practices in commerce, including lending and financial services

State Usury Laws: State-specific regulations that set maximum interest rates and govern lending practices within each jurisdiction

State Contract Laws: State-specific regulations governing contract formation, enforcement, and remedies

Uniform Commercial Code: Standardized set of laws governing commercial transactions, particularly Articles 3 and 9 relating to negotiable instruments and secured transactions

Common Law Contract Principles: Legal principles covering contract formation, consideration, capacity, and unconscionability developed through court decisions

Indemnification Laws: Legal framework governing express and implied indemnification, including scope and limitations of indemnification obligations

Statute of Frauds: Legal requirement that certain contracts must be in writing and signed to be enforceable

Bankruptcy Code: Federal laws governing bankruptcy proceedings and their impact on indemnification obligations and enforcement

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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