Your company will use many contracts and agreements as you conduct business. Understanding financing agreements and when you need one is something our Houston business law attorneys can help you with.
What Is a Financing Agreement?
A financing agreement is a contract between your company and another party that outlines the terms of a loan or other financial transaction. They are often used when you borrow money or finance the purchase of equipment or other items. Financing agreements are used to obtain funds to achieve the goals of a business plan.
Financing agreements are often referred to as financial contracts or loan agreements. Financing agreements set forth the terms of the loan or financial agreement, including the rights and responsibilities of both parties, including what happens upon default, and whether the owner of the business is liable through a personal guarantee. It establishes the structure of the payments between the parties.
What Are the Key Elements and Provisions Included in a Financing Agreement?
A financing agreement is a comprehensive document that outlines the terms and conditions under which one party provides financial support, typically a loan, to another. These agreements are crucial in business and can vary widely depending on the type of financing, the parties involved, and the purpose of the loan. The sections in a financing agreement cover elements including, but not limited to:
- The parties to the contract and the date of the agreement
- Definitions of certain terms
- The loan amount or other financial agreement
- The interest rate and repayment schedule
- A description of the security or collateral
- Events resulting in default and the consequences of a default
- Jurisdiction and governing law
- Representations and Warranties
- Covenants of the parties
- Miscellaneous
- Signatures
- Personal Guaranty (potentially)
The representations and warranties in a financing agreement are often overlooked. However, this section is significant. The section contains statements of fact a party makes to disclose material information about the transaction. It also provides assurances of what the party will do if the assertion is false. The lending party relies on these representations and warranties in giving the loan under the negotiated terms.
The covenants section is another crucial element of a financing agreement. The covenants section includes binding agreements between the parties to do, or not to do something. For example, the company may be required to use the borrowed funds in a specific manner. Failing to abide by the terms is considered a breach of contract, which entitles the other party to damages.
Within each of the above sections, numerous sub-sections may address other aspects of the agreement. A financing agreement could be hundreds of pages in length.
Do I Need a Lawyer if I Sign a Financing Agreement?
It is highly recommended that businesses hire a contract lawyer to review and negotiate financing agreements. A business owner needs to ensure the terms of the financing agreement are fair and, given the language often used in the financing agreement, a skilled contract lawyer will help translate the financing agreement for a business owner who may not look at these documents daily.
Because the financing agreement is a legally binding contract, the parties can sue in civil court to enforce the terms of the agreement. The court may award damages if a party sustains losses because the other party fails to perform or commits fraud, misrepresentation, or other wrongful acts. It’s important to know what the financing agreement says and to understand and abide by the terms so as to prevent litigation and potential damages that could otherwise bankrupt a business.
Get More Information During a Consultation With a Houston Business Law Attorney
If you have questions about financing agreements or other business documents for your company, call Capstone Legal Strategies, PLLC. Our Houston business law attorneys are here to help you develop contacts and agreements to protect your company and best interests.