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.
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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
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
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
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