Common Terms Agreement Vs Facility Agreement In California

State:
Multi-State
Control #:
US-002WG
Format:
Word; 
Rich Text
Instant download

Description

A retail installment agreement is an agreement signed by the Purchaser involving a finance charge and providing for the sale of goods or services. Federal and some State Laws (Consumer Credit Protection Acts) require the disclosure of what the Purchaser is being charged for the credit he/she is receiving. These disclosures include such things as the amount being financed; finance charges; the annual percentage rate; and the number of payments and when due. However, such disclosures are usually only required when a person regularly extends consumer credit (e.g. more than 25 times in the preceding calendar year).



This form is for a casual seller who does not enter into such transactions on a regular basis. It can also be used in commercial transactions (e.g., credit that is not being extended primarily for personal, family, or household purposes).



The Purchaser in this form grants the Seller a security interest in the collateral being sold. A security interest is an interest in personal property or fixtures that secures payment or performance of an obligation. The Seller requires the Purchaser to secure the obligation with the personal property being purchased so that if the Purchaser does not pay as promised, the Purchaser can take the collateral back, sell it, and apply the proceeds against the unpaid obligation of the Purchaser.

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FAQ

Common Terms Agreements clarify and simplify the multi-sourcing of project loans and ensure that the parties have a common understanding of key definitions and critical events.

Noun. : a lease, rental agreement, or other contractual agreement governing the acquisition, use, or disposition of government-owned machinery, tools, building installations, or other property furnished to or acquired by a war contractor for war production purposes other than incorporation in a finished product.

A Facilities Use Agreement is a contract, but it is not a lease and cannot have the characteristics of a lease. Rather it is a contract that extends a license to someone who has no other right to use the property. Such a license allows use of the property for a specific time and purpose.

A facility agreement usually sets out detailed conditions a borrower is required to fulfil prior to a lender advancing any funds. Certain conditions may apply to the initial drawing, and other conditions to subsequent drawings under a facility.

An agreement and a contract share the fundamental purpose of establishing mutual obligations between parties, yet they differ in their legal implications and formalities.

A purpose clause is a simple statement of intent that appears at the beginning of a part or subpart either as stand-alone section or as part of another section. The purpose clause is used to help the reader interpret the regulations.

Common Terms Agreement The CTA is an agreement among the financing parties and the borrower which sets out the terms that are common to all tranches of debt including definitions, conditions precedent, covenants, events of defaults and various miscellaneous provisions.

EA clauses are intended to prevent claims arising from statements made or information provided before a contract is signed. They are not to be relied upon for statements, etc made after signature.

The Facilities available under this Agreement shall be used by the Borrower for the purpose of working capital of the Borrower or any other purpose in the normal course of business, including the repayment of outstanding indebtedness.

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Common Terms Agreement Vs Facility Agreement In California