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Every contract is unique, but according to the Institute for Financial Literacy, 25% of mortgages now have Acceleration clauses. These clauses protect lenders in times when individuals who have borrowed money cannot repay it or have somehow violated the terms of the contract. In this situation, the lender has the legal right to demand their loan repayment immediately.
If you are a lender and want to know more about creating lower-risk loan contracts, keep reading our article. We cover Acceleration clauses, how they save lenders, and the types you can use.
We also explore Acceleration clause examples and how you can take your documents to the next level by instantly generating them directly in Salesforce, using no code! So, stick around until the end 😉
Let’s get started!
It’s a section in a promissory note that details how and when a lender can demand immediate repayment of a loan. This usually happens when certain conditions in an arrangement are unmet. For example, a lender can turn to the acceleration clause and follow its direction when the borrower has not made repayments, or the promissory note terms have been breached.
No one wants to think of a worst-case scenario. Still, an Acceleration clause is added to loan agreements to PROTECT lenders when a borrower does not make a scheduled payment or breaks a contract. In this case, the lender can use the Acceleration clause to request that the full remaining amount of money owed be paid immediately.
We have already given you a definition of an acceleration clause. However, an Alienation clause, also known as a Due-on-Sale clause, is also popular in this field of study. The Alienation clause is typically found in loan agreements, so it’s important to know about them as a lender.
The Alienation clause allows the lender to request that the borrower pay back the full amount borrowed. This happens when the borrower wants to sell or transfer ownership of an asset related to the loan.
Since these clauses are popular in loan agreements, let’s check out their differences in more detail.
Acceleration clauses are added to loan agreements that take a long time to be repaid, such as:
Let’s look at the different types of Acceleration clauses we can use in agreements.
First on our list is the Subjective Acceleration clause, which allows the lender to force the borrower to repay the remainder of the loan immediately. However, in this case, the lender will choose to invoke the clause based on their subjective judgment.
Lenders will activate this clause whenever they feel the borrower’s financial health is low or they have failed to meet certain conditions.
The next Acceleration clause is found mainly in Executive Compensation or Stock Option agreements. A Single Trigger Acceleration clause is invoked when a single event occurs, like when a company transfers ownership to a new entity. The purpose of this clause is to protect employees when their company is purchased or controlled by a new organization.
This clause is used when a contract needs conditions for accelerating repayment for all lenders in the agreement. You will find a Uniform Acceleration clause in syndicated loans or agreements that are super complex. It’s needed because these types of contracts consist of many lenders supplying money to a borrower.
A Uniform Acceleration clause guides lenders in the event of a borrower being unable to repay loans.
Since we mentioned the Uniform Acceleration clause, we have to tell you about its opposite. The Non-Uniform Acceleration clause allows multiple lenders to join an agreement which is essential for complex syndicated loans. Then, the lenders can individually demand repayment from the borrower just for their loan amount.
This means the collective group of lenders does not have to accelerate repayments simultaneously.
Our last clause is not a popular term in the financial services or legal field. However, online readers do ask about this informal term. With an understanding of instantaneous acceleration in physics, we can guess that “acceleration” is measured at a specific time.
Therefore, we can deduce that business people might want to receive a full loan payment at a specific time and event. What are your thoughts on this term?
There are many examples of Acceleration clauses, but let’s take a look at a simple and common use case.
Alex has lent money to an individual, but the borrower has now missed many payments. In this instance, Alex can turn to the Acceleration clause in their agreement and use it to request that the borrower immediately pay the remaining amount of the loan and interest rates.
Pictures speak for themselves, so here is an example of an Acceleration clause that can be referenced for use in the real world:
And that’s all the information we have for Acceleration clauses. Thanks for reading our article! We hope you now understand this topic better so you know your rights as a lender. You totally have options to speed up the repayment process when a borrower defaults on their promise or violates terms in a loan agreement.
By the way, if you are looking for unbeatable document solutions, we suggest you check out Titan. Our no-code platform gives you point-and-click tools to generate documents, like agreements, instantly from Salesforce.
Imagine all those contracts and promissory notes containing acceleration clauses. Titan can help you create them with pre-filled Salesforce data and a single button click. Sending loan agreements to borrowers or key stakeholders for electronic signing can also be easy with Titan.
So, let’s quickly take a look at the features you get when you integrate TITAN document generation in Salesforce:
These are just a few things you can achieve with Titan in your software stack. Contact us through our social media channels below for a full feature list. We would love to hear from you.
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Disclaimer: The comparisons listed in this article are based on information provided by the companies online and online reviews from users. If you found a mistake, please contact us.
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