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◆ Contracts

Business loan agreement

Funding agreements are short but dense. Six clauses account for nearly everything that surprises people later.

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The six clauses that matter

ClauseWhat it commits you to
Total repaymentEvery dollar you return — check this figure first
Payment frequency and amountDaily, weekly or monthly, and what it is calculated on
First payment dateWhen money actually starts leaving your account
Personal guaranteePersonal liability if the business cannot pay
UCC filingA public claim against business assets
ReconciliationWhether payments adjust if revenue drops — and how you request it

Reconciliation is the one people miss

On revenue-based products, a reconciliation clause is what lets the payment adjust when your sales fall. Some agreements include it, some do not, and some include it but require you to request it in writing within a set window.

If your revenue is seasonal, this clause matters more than the headline cost. Find it before you sign and know exactly how to invoke it.

Clauses worth a second look

Confession of judgment — waives your right to contest a claim in court
Cross-default — a default on one facility triggers another
Early repayment — whether it is discounted or the total is fixed
Stacking restrictions — whether taking further funding breaches this agreement

Before you sign

Ask for the total repayment in dollars, the first payment date and the reconciliation terms in writing. Any funder unwilling to state those plainly is telling you something. Definitions are in the glossary.

Common questions

What is a reconciliation clause?

It allows the payment to adjust if revenue falls. Check whether your agreement has one and how to request it.

Is a confession of judgment normal?

It appears in some agreements and is more serious than a personal guarantee. Read it carefully before signing.

Can I take other funding afterwards?

Some agreements restrict it. Check the stacking language before taking a second position.

What should I check first?

The total repayment in dollars and the date the first payment leaves your account.

See what you qualify for

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