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Contract terms

MCA contract terms: the clauses worth reading twice.

Most of the risk in an advance sits in a few paragraphs. This is the short list of what to find and what to ask about.

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The short answer

At Merchant Fund Express, here is the short answer: Read the payback, payment terms, reconciliation, default, security and guarantee clauses twice. Ask for anything unclear in writing before signing.

The clauses that matter

Purchased amount and payback

The total you agree to remit; confirm it matches the offer

Payment terms

Amount, rhythm and the account debited

Reconciliation

Whether and how a payment can be adjusted to revenue

Default events

What counts as default and what happens next

Security and lien

What the funder files and what it can do

Personal guarantee

What the owner is guaranteeing and what triggers it

How to read them

For each clause, answer three questions: what am I agreeing to, what triggers it, and what can I do if things change? If an answer is unclear, ask for it in writing before signing. That is a normal request.

A short checklist

The factor rate, payback and net proceeds match what you were told
The debit amount, days and account are right
You know how to ask for reconciliation
You know the default definitions and cure periods
You have a copy of the signed agreement and the payoff process

Related reading

See UCC lien, personal guarantee, confession of judgment, default and the checklist before signing. This is general information, not legal advice; have an attorney review any agreement you are unsure of.

In practice

An owner reading her agreement finds that changing the debit account triggers default, a clause she would never have seen in the summary. She asks for it to be narrowed and for a notice period. The funder agrees to a ten-day notice window. A short pause to read the agreement protected her business more than any rate negotiation would have.

Source: Merchant Fund Express.

Common mistakes to avoid

Reading the summary instead of the agreement
Skipping the default section
Not asking about assignment to another party
Not keeping a signed copy

Keep reading

UCC Lien — What a UCC filing is, what it does and how it clears.
Personal Guarantee — What a personal guarantee covers and what triggers it.
Default — What triggers default and the practical early steps.
Checklist Before Signing — A one-page pre-signing checklist.
MCA Guide — Every MCA question we publish, organized.
ACH Debits and Holidays — How holidays and weekends affect MCA debit timing.

Common questions

Can I take the contract to my attorney?

Yes. It is a reasonable step, and you can ask for time. That is how Merchant Fund Express reads it on a real file.

Are all agreements the same?

No. Terms vary by funder and file.

What should I never skip?

The default section and the guarantee. They set what happens when things go wrong.

Will you explain terms?

Yes. We walk through the numbers and the structure before you sign.

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