Vendor Finance Agreement Template for United States

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Key Requirements PROMPT example:

Vendor Finance Agreement

"Need a Vendor Finance Agreement for financing medical equipment worth $2.5M to a hospital chain, with quarterly payments over 5 years starting March 2025, including specific maintenance requirements and insurance provisions for high-value medical devices."

Document background
The Vendor Finance Agreement is a crucial document used when a vendor wishes to provide direct financing to customers for the purchase of their goods or services. This arrangement is common in various industries, particularly where significant capital expenditure is involved. The agreement must comply with US federal and state lending regulations, including the Truth in Lending Act, Equal Credit Opportunity Act, and relevant UCC provisions. It typically includes comprehensive terms covering the financing structure, security arrangements, payment schedules, and default provisions.
Suggested Sections

1. Parties: Identification of the vendor/finance provider and the customer

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Finance Terms: Amount, interest rate, payment schedule, and term of financing

5. Security Interest: Details of collateral and security arrangements

6. Payment Terms: Payment mechanics, dates, and methods

7. Events of Default: Circumstances constituting default and consequences

8. Representations and Warranties: Statements of fact by both parties

Optional Sections

1. Insurance Requirements: Required insurance coverage for financed items - include when financing high-value equipment or assets

2. Cross-Default Provisions: Links to other agreements between parties - include when multiple agreements exist between parties

3. Maintenance Requirements: Obligations regarding upkeep of financed items - include when financing equipment or machinery

Suggested Schedules

1. Payment Schedule: Detailed breakdown of payment amounts and dates

2. Description of Financed Items: Detailed list and description of items being financed

3. Security Documentation: UCC filings and related security documents

4. Insurance Certificates: Copies of required insurance documentation

5. Financial Covenants: Specific financial requirements and calculations

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 credit terms and costs. Essential for vendor finance agreements involving consumer credit.

Equal Credit Opportunity Act (ECOA): Prohibits discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or whether the applicant receives public assistance.

Fair Credit Reporting Act (FCRA): Regulates the collection, dissemination, and use of consumer credit information. Relevant when conducting credit checks on potential vendors or customers.

Uniform Commercial Code (UCC): Particularly Articles 2 (Sales) and 9 (Secured Transactions), governs commercial transactions including sales of goods and secured financing arrangements.

State Usury Laws: State-specific regulations that set maximum interest rates that can be charged on loans. Vary by jurisdiction and must be considered in financing terms.

State Lending License Requirements: State-specific requirements for obtaining and maintaining lending licenses, which may be necessary for vendor financing activities.

Securities Laws: Including Securities Act of 1933 and Securities Exchange Act of 1934, may apply if the financing arrangement could be classified as a security.

Bank Secrecy Act: Requires financial institutions to assist government agencies in detecting and preventing money laundering, including reporting requirements for certain transactions.

Consumer Financial Protection Bureau Regulations: Federal regulations designed to ensure fairness and transparency in consumer financial products and services, including vendor financing arrangements.

Dodd-Frank Wall Street Reform: Comprehensive financial reform legislation that impacts financial institutions and their lending practices, including vendor finance arrangements.

Federal Bankruptcy Laws: Governs the rights and obligations of creditors and debtors in bankruptcy proceedings, crucial for protecting interests in vendor finance agreements.

State Commercial Finance Disclosure Requirements: State-specific requirements for disclosure of financing terms and conditions to commercial borrowers, becoming increasingly common across states.

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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