An Intragroup Loan Agreement records the terms and conditions of an agreement between two companies within a group under which one party (the lender) lends to the other party (the borrower) a specific sum of money over a defined period of time.
An Intragroup Loan Agreement regulates the making of an on-demand loan from a parent company to one of its subsidiaries.
An Intragroup Loan Agreement is suitable for any group company member that wants to draft the basic terms of the arrangement in order to avoid any potential misunderstanding regarding the loan that may otherwise occur if there is no formal record beyond accounting entries.
One thing to notice about this agreement is that the loan is repayable on demand. An on-demand loan means that the lender may require repayment of the loan at any time. A borrowing subsidiary will not usually require certainty as to the term of the loan and the lender likewise can remove the need for having security, events of default, covenants, representations, and warranties as would be usual in a lending relationship between two unconnected parties.
When drafting an Intragroup Loan Agreement, it is important to focus on a number of key clauses, in particular: