Installment Loan Contract
Installment Loan Contract
I. Parties
This Installment Loan Contract ("Contract") is entered into on [Date], between [Your Name], with its principal place of business at [Your Company Address] ("Lender"), and [Borrower's Name], with its principal place of business at [Borrower's Address] ("Borrower").
II. Background
The lender agrees to provide the Borrower with a loan ("Loan") for $100,000 (One Hundred Thousand Dollars) to be repaid by the Borrower in installments according to the terms and conditions set forth herein.
III. Loan Terms
III.I Loan Amount: The total Loan amount is $50,000, to be disbursed to Borrower upon execution of this Contract.
III.II Interest Rate: The interest rate on the Loan shall be 7.5% per annum, compounded monthly and calculated on the outstanding principal balance.
III.III Repayment Schedule: The Loan shall be repaid in 24 consecutive installments of $2,287.88 each, commencing on May 1, 2024, and continuing on the same day of each successive month thereafter until the entire Loan amount, including accrued interest, is fully repaid.
III.IV Late Payment: In the event Borrower fails to make any payment when due under this Contract, Borrower shall be liable to pay to Lender a late payment fee of $50 per day until the overdue amount is paid in full.
III.V Prepayment: The individual or entity who has borrowed the funds, known as the borrower, is granted the stated privilege of being able to make an early repayment of the loan. This repayment can take the form of paying off the entirety of the loan or simply paying off a portion of it. This early repayment can occur at any time that the borrower sees fit. Finally, the borrower will not incur any kind of penalty or extra financial obligation as a result of choosing to prepay the loan.
IV. Security
IV.I Security Interest:
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Collateral Description: As a measure to ensure the repayment of the loan, the Borrower is now granting the Lender a security interest in the following collateral. The purpose of this provision is to give the Lender a claim to the collateral identified in the agreement if the Borrower fails to fulfill their loan repayment obligations.
a. Inventory: The individual or entity who is borrowing is obliged to supply as a form of security all inventory that is already in existence as well as that which is acquired at a later stage. This includes, but is not confined to, the following specific types of inventory:
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Electronic Gadgets: Including but not limited to smartphones, tablets, laptops, cameras, and accessories.
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Clothing Items: Including but not limited to men's, women's, and children's apparel, footwear, and accessories.
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Perishable Goods: Including but not limited to fresh produce, dairy products, frozen foods, and packaged goods with limited shelf life.
b. Equipment: Borrower shall provide as collateral all machinery, equipment, and fixtures owned by Borrower and located at [Borrower's Address] or any other location agreed upon by Lender. This includes but is not limited to the following specific types of equipment, as listed in Schedule A attached hereto and incorporated herein by reference:
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Vehicles: Including but not limited to delivery vans, trucks, forklifts, and company cars.
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Manufacturing Machinery: Including but not limited to CNC machines, conveyor systems, and packaging equipment.
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Computers: Including but not limited to desktop computers, servers, printers, and networking hardware.
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Perfection of Security Interest: Borrower agrees to take all necessary actions to perfect and maintain Lender's security interest in the collateral, including but not limited to executing and filing any required financing statements or other documents under applicable law.
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Maintenance of Collateral: Borrower shall maintain the collateral in good condition and shall not sell, transfer, or encumber the collateral without the Lender's prior written consent.
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Insurance: Borrower shall maintain insurance coverage on the collateral, with Lender named as loss payee, to the extent required by Lender, and shall provide evidence of such insurance to Lender upon request.
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Access to Collateral: Borrower shall permit Lender or its representatives to inspect and appraise the collateral at any reasonable time.
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6.6 Substitution of Collateral: Borrower shall not substitute collateral or modify the terms of any security agreement without Lender's prior written consent.
IV.II Termination of Security Interest:
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Release of Collateral: Upon full repayment of the Loan and satisfaction of all obligations under this Contract, the Lender shall release its security interest in the collateral, and the Borrower shall be entitled to the return of any related security agreements or financing statements.
IV.IIIAdditional Provisions:
No Waiver: The exercise by the Lender of any rights or remedies under this security interest shall not constitute a waiver of any other rights or remedies available to the Lender, whether under this Contract, at law, or in equity.
Enforcement Costs: Borrower agrees to pay all costs and expenses incurred by Lender in enforcing its rights under this security interest, including but not limited to reasonable attorney fees and court costs.
Severability: If any provision of this security interest is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
V. Representations and Warranties
V.I Borrower's Representations: The individual or entity borrowing hereby makes a representation and gives a warranty to the individual or entity lending that:
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The borrower has the authority to enter into this Contract and to borrow the Loan.
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The information provided to Lender in connection with the Loan is true, accurate, and complete.
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Borrower has not engaged in any activities that would adversely affect Borrower's ability to repay the Loan.
VI. Covenants
VI.I Borrower's Covenants: The individual who is borrowing agrees to the following terms and conditions:
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Use the Loan proceeds solely for the purposes outlined in this Contract.
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Maintain adequate insurance coverage for any collateral securing the Loan, if applicable.
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Notify the Lender promptly of any material adverse change in the Borrower's financial condition.
VII. Events of Default
VII.I Default: Should any of the following events transpire, it will be considered a default event under the stipulations of this contract:
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Failure by Borrower to make any payment when due under this Contract.
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Breach of any representation, warranty, or covenant made by Borrower under this Contract.
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Insolvency or bankruptcy of Borrower.
VIII. Remedies
If a default occurs, the lender, based on their preference, has the legal right and authority to declare that the total outstanding balance remaining on the loan must be paid immediately and in full. In addition to this, the lender also can exercise any additional rights and remedies that are provided to them under the law applicable in this situation.
IX. Governing Law
The understanding and interpretation of this Contract shall be entirely guided by and crafted in adherence to the laws that prevail in the [Jurisdiction]. This will apply irrespective of and without considering any potential conflict that may arise due to principles related to conflict of laws.
X. Miscellaneous
X.I Entire Agreement: This Contract represents the complete understanding between all the parties involved, explicitly concerning the topic it addresses. It effectively replaces and makes null and void any previous agreements that might have been established or any concurrent understandings that might exist at the same time, regardless of whether these agreements or understandings were set down in writing or discussed orally.
X.II Amendment: Under the provisions stipulated in this Contract, the only acceptable method for making any amendments to it is in a written form. This written documented change is only valid and enforceable provided that it has been appropriately and legally signed by both parties who are directly involved in this contractual contract.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first above written.
[YOUR NAME]
[DATE SIGNED]
[BORROWER'S NAME]
[DATE SIGNED]