Loan Agreement - Template Form to Fill out Word and PDF Pro · IE-law
✓ Valid in Ireland · drafted to comply with local law
Create your Loan Agreement - Template Form to Fill out Word and PDF for use in Ireland. Answer a few plain-English questions and the document fills in automatically as you go — then download it in Word and PDF, ready to sign or share. This version has been professionally rewritten to comply with local law.
- Answer 39 simple questions — the document fills in as you go
- Live preview: watch your document update in real time
- Download as Word (.docx) and PDF
- Edit your answers and re-download anytime
Fill in the details
0/39Type below — the document on the right updates as you go.
LOAN AGREEMENT
BETWEEN
________
('the Lender')
AND
________
('the Borrower')
This Loan Agreement is made on ________.
RECITALS
(A) The Lender carries on the business of, or is willing to advance monies and has agreed to advance the Principal to the Borrower on the terms and conditions set out in this Agreement.
(B) The Borrower wishes to borrow the Principal from the Lender and has agreed to repay the same together with Interest and all other sums due in accordance with the terms and conditions set out in this Agreement.
(C) This Agreement is intended to create legal relations and to be a legally binding and enforceable contract governed by the laws of Ireland.
§ 1. DEFINITIONS AND INTERPRETATION
1.1. In this Agreement, the following expressions shall have the following meanings:
1.2. 'the Principal' means the sum of money advanced to the Borrower by the Lender, being ________ (________).
1.3. 'the Interest' means the cost charged by the Lender for the provision of the Principal, being a fixed annual rate of ________ (________)% per annum (the Annual Percentage Rate of Charge, calculated in accordance with the European Union (Consumer Credit Agreements) Regulations 2010 where applicable).
1.4. 'the Late Charge' means the fee applied to 'Late' payments under this Agreement, being ________ (________).
1.5. 'Amendment Fee' means the charges borne by the Borrower in the event that this Agreement must be modified as a result of an Event of Default, being ________.
1.6. 'the Loan Amount' means the total amount of money the Borrower shall repay to the Lender over the course of this Agreement, being the sum of the Principal, Interest, Amendment Fees, Late Charges and any other fees lawfully accruing under this Agreement.
1.7. 'Loan Installment' means the amount of money owed on each Payment Date.
1.8. 'the Outstanding Loan' means the total amount of money owed by the Borrower under this Agreement at any given time, being the sum of the Principal, Interest, Late Charges, Amendment Fees and any other debts accrued in the performance of this Agreement, LESS sums already paid by the Borrower.
1.9. 'the Issue Date' means the date on which the Borrower receives the funds from the Lender: ________.
1.10. 'the Commencement Date' means the date on which the first installment of the loan repayments falls due: ________.
1.11. 'the Payment Date' means the date(s) on which the designated installment of the loan repayment becomes immediately due and payable: ________.
1.12. 'the Final Payment Date' means the date on which the final installment of the Loan Amount is due and payable: ________.
1.13. 'the Term' means the period over which the loan repayments shall be advanced from the Borrower to the Lender, beginning on the Issue Date and concluding when the Loan Amount is paid in full, being ________ (________) months.
1.14. 'Days' means business days, being any day other than a Saturday, Sunday or public holiday in Ireland.
1.15. 'the Parties' means the Borrower and the Lender, and 'Party' means either of them.
1.16. Words importing the singular shall import the plural and vice versa. Where the Borrower and/or the Lender denotes more than one person, the rights and obligations articulated herein shall be jointly and severally binding on them.
1.17. Words importing one gender shall include all other genders.
1.18. This Agreement shall be binding on and inure to the benefit of the Borrower's and the Lender's respective successors, heirs, executors, administrators and permitted assignees.
1.19. Any references to Irish or European legislation, including Directives, Regulations, Framework Decisions, statutes or statutory instruments, shall include any amendments, extensions or modifications in force at the date of this Agreement.
1.20. Clause headings are for convenience only and shall not affect the interpretation of this Agreement.
§ 2. THE PARTIES
2.1. This Loan Agreement (hereinafter 'the Agreement') is made on ________.
2.2. This Agreement is made between:
________, a company incorporated in Ireland under registered number ________, having its registered office at:
________
AND
________, a company incorporated in Ireland under registered number ________, having its registered office at:
________
2.3. The Borrower and the Lender both intend and desire to enter into this Agreement whereby the Lender shall furnish to the Borrower the Principal, to be repaid in accordance with the payment plan and pursuant to the terms and conditions set out in this Agreement.
2.4. Both the Borrower and the Lender undertake to be bound by this Agreement and acknowledge that it constitutes a legally binding and enforceable contract.
§ 3. PURPOSE
3.1. The Principal is furnished for the single and exclusive purpose of facilitating the Borrower in ________.
3.2. The Principal shall not be directed to funding any purpose other than that described above without the prior written consent of the Lender.
3.3. In the event the Borrower seeks to employ the Principal for other purposes, this Agreement must be modified in the manner prescribed in § 9 (MODIFICATION).
3.4. Should the Borrower apply the Principal to any purpose other than that prescribed, or reasonably arising in the performance of that purpose, without first acquiring the consent of the Lender, this shall constitute a material breach on the basis of which this Agreement may be terminated at the behest of the Lender.
§ 4. LOAN AMOUNT
4.1. The Lender undertakes to loan ________ (________) to the Borrower.
4.2. The Principal shall be issued and made available to the Borrower on the following date: ________ (the Issue Date).
4.3. The Principal is subject to an annual interest rate charge of ________ (________)% (the Interest).
§ 5. LOAN REPAYMENT
5.1. The Borrower undertakes to repay the Principal together with Interest at the annual rate of ________ (________)%, any Late Charges which accrue and any Amendment Fee imposed pursuant to this Agreement.
5.2. The Loan Amount shall be repaid by the Borrower in ________ with the final installment due on the Final Payment Date: ________.
5.3. The Term of the loan is ________ (________) months.
5.4. The Term may be extended in the event of default or through modification in the manner prescribed in § 9 (MODIFICATION).
5.5. In the event of termination of this Agreement, the Outstanding Loan shall become immediately due and payable by the Borrower.
5.6. All payments made under this Agreement must be paid in full, without any set-off, counterclaim or deduction whatsoever.
§ 6. METHOD OF LOAN REPAYMENT
6.1. The Outstanding Loan shall be repaid on or before each Payment Date by way of ________ to the following account or address:
________
6.2. The Lender shall provide the Borrower with notice of any change to its payment details not less than 7 (seven) Days in advance of the forthcoming Payment Date. Where the Lender updates the Borrower of new payment details, the Borrower must thereafter direct payments accordingly.
§ 7. LATE FEES AND CHARGES
7.1. Repayment of any sum under this Agreement is considered 'Late' if made more than ________ (________) Days after the relevant Payment Date.
7.2. The Late Charge is ________ (________).
§ 8. EARLY REPAYMENT OF DEBT
§ 9. COLLATERAL
9.1. As security for the Borrower's obligations under this Agreement, the Borrower charges and pledges to the Lender all of the Borrower's right, title and interest in the following asset:
________
('the Collateral')
9.2. The Borrower has good title to and the legal right to grant security over and, where applicable, transfer ownership of the Collateral to the Lender.
9.3. The Borrower shall, where required, procure registration of any charge created hereunder pursuant to Part 7 of the Companies Act 2014 and shall execute all such further documents as the Lender may reasonably require to perfect the security.
9.4. In the event of an Event of Default which the Borrower has failed to cure, the Borrower must transfer complete ownership and possession of the Collateral to the Lender in accordance with § 13.
§ 10. MODIFICATION
10.1. This Agreement may be modified only with the written assent of both the Borrower and the Lender.
10.2. The Party desirous of a change to this Agreement shall notify the other Party in writing indicating the proposed modification and outlining clearly any changes to the interest rate, payment schedule or method of payment.
10.3. The other Party may accept or reject the proposed modification at its sole discretion, subject to the requirement that both Parties endeavour to act reasonably with a view to the effective execution of this Agreement.
10.4. The Party not requesting the modification shall have 30 (thirty) days from receipt of notice of the proposed modification to accept or reject the proposal.
10.5. Should the proposed modification be accepted, a written statement shall be drawn up detailing the modification, the date on which it shall take effect and the respective rights and duties of the Parties thereunder. This statement shall be signed by both Parties and annexed to this Agreement.
10.6. Should the proposed modification be rejected, this Agreement shall subsist in its current form and the interests, rights and obligations of the respective Parties shall continue to have lawful effect.
§ 11. BORROWER'S WARRANTIES
11.1. The Borrower represents and warrants that it is the sole and legitimate owner of the Collateral and enjoys sufficient legal and equitable interest therein to grant a security interest in the Collateral to the Lender.
11.2. The Borrower represents and warrants that the Collateral is free of all liens and encumbrances and that no third party has any claim thereto.
11.3. The Borrower represents and warrants that it is not currently subject to any insolvency, liquidation, examinership or receivership proceedings.
11.4. The Borrower represents and warrants that all legal and financial information provided to the Lender is true and accurate.
11.5. The Borrower represents and warrants that entry into this Agreement does not constitute a breach of any other contract or agreement to which it is party.
11.6. The Borrower warrants that it is not currently subject to any ongoing, pending or threatened litigation that could materially affect its ability to perform its obligations.
11.7. The Borrower agrees to give notice to the Lender of any adverse material change in its circumstances that may affect its ability to fulfil its obligations under this Agreement.
11.8. The Borrower represents and warrants that it has the legal capacity and authority to enter into this Agreement and that this Agreement has been duly authorised by its directors.
11.9. The Borrower confirms that it is not acting under any undue influence and has been advised to seek independent legal advice before entering into this Agreement.
§ 12. LENDER'S WARRANTIES
12.1. The Lender represents and warrants that it has the legal right and authority to enter into this Agreement and to advance the Principal to the Borrower.
12.2. The Lender represents and warrants that the funds comprising the Principal are lawfully obtained and free from any encumbrance or claim by any third party.
12.3. The Lender represents and warrants that entry into this Agreement does not constitute a breach of any other contract or agreement to which it is party.
12.4. The Lender represents and warrants that it has the legal capacity to enter into this Agreement and is not currently subject to any insolvency proceedings.
§ 13. DATA PROTECTION
13.1. Any personal data collected, controlled or processed in the performance of this Agreement shall be handled in accordance with Regulation (EU) 2016/679 (the General Data Protection Regulation), the Data Protection Act 2018 and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (S.I. No. 336 of 2011).
13.2. In particular, each Party shall:
a. only use the data for the specific purposes for which it was given;
b. refrain from collecting more data than is necessary for that purpose;
c. ensure the accuracy of data retained;
d. implement appropriate technical and organisational measures to prevent unlawful or unauthorised processing of the data;
e. respect the rights of data subjects, including the right of access; and
f. only retain the data for as long as is necessary for the fulfilment of the purpose for which it was retained.
§ 14. DEFAULT
Events of Default
The occurrence of any of the following shall constitute an 'Event of Default':
14.1. The Borrower fails to pay any Loan Installment within 30 (thirty) days of the relevant Payment Date.
14.2. The Borrower suffers a change of control without the prior written consent of the Lender.
14.3. The cessation of any business activity without the prior written consent of the Lender, where such cessation could reasonably produce an adverse effect on the Borrower's material circumstances.
14.4. The disposal, transfer or sale by the Borrower of significant assets without the prior written consent of the Lender.
14.5. A material change in the nature of the Borrower's business.
14.6. The Borrower enters into the process of compulsory or voluntary liquidation under the Companies Act 2014.
14.7. The Borrower enters into examinership under the Companies Act 2014.
14.8. The Borrower enters into receivership under the Companies Act 2014.
14.9. A resolution is passed, or a petition is presented, to wind up the Borrower.
14.10. The Borrower fails to perform any obligation or observe any covenant under this Agreement and fails to cure such breach within 10 (ten) days of its occurrence.
14.11. Any representation or warranty made by the Borrower in connection with this Agreement proves to be false or misleading in any material respect.
Notice of Default
14.12. If any circumstance constituting an Event of Default arises, the Lender shall furnish the Borrower with notice of default within 2 (two) Days of the Lender becoming aware of the default.
14.13. Any notice of default must contain the following information:
a. the nature of the default;
b. the precise term or condition of this Agreement that is breached or affected by the default;
c. the measures, if any, the Borrower may take to cure the default; and
d. the timeline for curing the default, which shall be no less than 14 (fourteen) days.
14.14. In the event of a default which is not cured, the Lender may issue notice to the Borrower that the Outstanding Loan is immediately due and payable, whereupon the Borrower must promptly discharge the Outstanding Loan.
14.15. The Lender shall be entitled to enforce the Collateral and dispose of it in such manner as it sees fit for the purpose of offsetting the Outstanding Loan, acting in good faith and taking reasonable steps to obtain the best price reasonably obtainable.
14.16. Where the market value of the Collateral is equal to the value of the Outstanding Loan, the unencumbered transfer of the Collateral to the Lender shall constitute full discharge of the Outstanding Loan and a cessation of the Borrower's liability under § 5 (LOAN REPAYMENT).
14.17. Where the market value of the Collateral is less than the Outstanding Loan, the Borrower shall remain liable for the balance pursuant to the prescribed schedule for repayment, and Interest and Late Charges shall continue to accrue in respect of that balance.
14.18. Where the market value of the Collateral exceeds the Outstanding Loan, the surplus shall be returned to the Borrower.
§ 15. TERMINATION
Automatic Termination
15.1. This Agreement shall terminate automatically when the Borrower has discharged all of its financial obligations to the Lender such that the entire Loan Amount is repaid.
15.2. The Parties intend that this Agreement shall terminate on ________.
Permitted Grounds for Termination
15.3. This Agreement may be terminated without penalty and without prejudice to any additional rights or remedies of the Parties under law, in the following circumstances:
15.3.1. by the Borrower, in the event the Lender commits a fundamental breach of this Agreement;
15.3.2. by the Lender, in the event of default where the default has not been cured within 30 (thirty) days and no modification has been agreed by the Parties;
15.3.3. by either Party where it becomes apparent that the other Party is unable to meet its financial obligations under this Agreement, evidenced by, inter alia:
a. entering into the process of compulsory or voluntary liquidation under the Companies Act 2014;
b. entering into examinership under the Companies Act 2014; or
c. entering into receivership under the Companies Act 2014.
15.4. by both Parties through mutual written agreement.
Post-Termination Rights
15.5. The Lender shall be entitled to pursue the Borrower for the Outstanding Loan using all remedies available to it in law and in equity.
15.6. The Borrower shall be entitled to pursue the Lender for damages suffered as a result of a material breach of this Agreement, using all remedies available in law and in equity.
15.7. The following provisions shall survive termination:
a. § 13 (DATA PROTECTION);
b. § 16 (REMEDIES);
c. § 19 (NOTICES); and
d. § 21 (GOVERNING LAW AND JURISDICTION).
§ 16. REMEDIES
16.1. The Parties shall be entitled to pursue all remedies in law and in equity to enforce their rights and entitlements under this Agreement, including but not limited to specific performance, injunctive relief and damages.
§ 17. WAIVER
17.1. The Lender may waive its entitlement to any right or remedy under this Agreement by furnishing a written declaration that it is relinquishing that right or privilege.
17.2. No written declaration purporting to waive a right or entitlement under this Agreement shall be valid unless it expressly cites the specific term(s) or condition(s) with which the Lender is forgoing compliance and is duly signed by a person so authorised.
17.3. A failure by the Lender to exercise a right or remedy under this Agreement does not constitute an attempt or intention to relinquish that right or remedy.
17.4. A waiver by the Lender of a right or remedy in the event of a breach of any provision of this Agreement by the Borrower does not constitute a waiver of that same right or remedy in respect of subsequent breaches by the Borrower.
§ 18. SEVERABILITY
18.1. If any provision of this Agreement is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remainder of this Agreement shall continue in full force and effect in line with the Parties' intentions.
§ 19. NOTICES
19.1. Any notice or other communication relating to this Agreement must be furnished in writing and served on the other Party via:
- hand delivery to the Parties named above or their authorised representatives;
- registered post to the following addresses:
Lender's address:
________
Borrower's address:
________
- via email to the following email addresses:
Borrower's email address:
________
Lender's email address:
________
19.2. A communication shall be deemed to have been delivered and received:
- 2 (two) business days after it is sent by registered post;
- where delivered by hand, upon delivery and signature by the recipient;
- where the email is sent during business hours, as soon as the email is sent; and
- where the email is sent outside business hours, at the commencement of the next business day.
§ 20. ENTIRE AGREEMENT
20.1. The Parties acknowledge that the terms, conditions, rights and obligations set out in this Agreement represent the entirety of the agreement between the Parties.
20.2. This Agreement supersedes and takes precedence over any existing or prior agreement, written communication, oral communication, discussion or understanding between the Parties.
20.3. There are no representations, warranties, conditions or terms affecting this Agreement other than those set out herein, save that nothing in this clause shall exclude liability for fraudulent misrepresentation.
§ 21. GOVERNING LAW AND JURISDICTION
21.1. This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland.
21.2. The Parties irrevocably submit to the exclusive jurisdiction of the courts of Ireland.
§ 22. DECLARATION AND SIGNATURE
IN WITNESS WHEREOF the Parties have executed this Agreement on the date first written above.
_______________________________________
________,
________
duly authorised for and on behalf of: ________
Date: ________
Witnessed by:
Name: ________
Address: ________
Signature: _______________________________________
_____________________________________
________,
________
duly authorised for and on behalf of: ________
Date: ________
Witnessed by:
Name: ________
Address: ________
Signature: _______________________________________
Fields you complete are inserted into the document live. This template is general guidance only — not legal advice.