Acceleration clause

Table of Contents

Acceleration clause
What is an acceleration clause?
Understanding acceleration clause
Acceleration clause explained
Purpose of acceleration clause
Example of acceleration clause
Frequently Asked Questions

Acceleration clause

In loan agreements and other types of debt agreements, an acceleration clause is a crucial feature. This clause gives lenders the authority to demand prompt repayment of the entire outstanding balance of a loan if specific conditions aren’t met, which can substantially influence both lenders and borrowers. The acceleration clause is intended to safeguard lenders from the possibility of default and guarantee prompt loan repayment.

What is an acceleration clause?

The term “acceleration clause” refers to a clause in a loan or debt arrangement that permits the lender or creditor to demand prompt repayment of the entire outstanding balance of the debt if specific circumstances are met, such as default or non-payment by the borrower. The clause gives the lender or creditor the right to accelerate the payment schedule rather than waiting for payments to be made over time. This can be a powerful tool for lenders, allowing them to protect their investments and limit their risk exposure.

Understanding acceleration clause

Suppose the borrower doesn’t adhere to the terms of the loan agreement. In that case, an acceleration clause in the loan agreement enables the lender or creditor to demand immediate payment of the loan’s outstanding balance.

For lenders or creditors, the acceleration clause is a potent instrument since it enables them to safeguard their investments and reduce their risk exposure in the event of borrower default. However, if borrowers cannot meet the accelerated payment schedule, it could result in the loss of assets or property, which could cause concern.

When a lender uses an acceleration clause, the borrower must pay any accrued interest and the remaining principal balance of the loan that has not yet been paid. The entire interest amount that might have been required had the loan been repaid according to regular terms needs to be paid in full by the borrower. To avoid paying interest for the remaining portion of the loan’s term, most loans, for instance, permit the borrower to accelerate the loan and pay it off early in one lump amount.

Acceleration clause explained

An acceleration clause is significant because it can shield creditors or lenders against the possibility of default or non-payment by the borrower. The lender or creditor can demand immediate repayment of the remaining balance of the loan or debt in the event of default by incorporating an acceleration provision in the loan or debt agreement. By doing this, they can reduce their losses and risk exposure.

The acceleration clause can also ensure that the lender or creditor receives payment immediately rather than waiting for instalments to be made over a lengthy period. This can help to ensure the financial stability of the lender or creditor, as well as the borrower, by helping to prevent situations where the borrower cannot meet their payment obligations.

Although the quantity of past-due payments might change, an acceleration clause is often based on them. One missed payment may trigger an instant payback under some acceleration conditions, while two or three failed payments under others may be permitted before the loan must be repaid in full. An acceleration clause may also be affected by the sale or transfer of the property to a third party.

Purpose of acceleration clause

An acceleration clause allows lenders or creditors to protect their investments in case of default or non-payment by the borrower. It allows the lender or creditor to demand immediate repayment of the outstanding balance of the debt, which can help to limit their risk exposure and minimise their losses.

By accelerating the payment schedule, the lender or creditor can also ensure that they are repaid promptly rather than waiting for payments to be made over an extended period. The acceleration clause is often included in loan or debt agreements to protect lenders or creditors and help ensure they can recover their investments in default or non-payment.

Example of acceleration clause

The acceleration clause notion can be better understood by looking at the examples below. If the borrower doesn’t make payments for a predetermined period, the mortgage may contain an acceleration clause that enables the lender to demand full repayment of the debt. Similarly, if an issuer defaults on its obligations, a bond deal may contain an acceleration clause that enables the bondholder to request immediate repayment of the principal and interest. Due to the acceleration clause, the lender or bondholder can request immediate repayment of the loan rather than waiting for instalment payments to be completed.

Frequently Asked Questions

What are the common contracts with acceleration clauses?

The most common contracts that include acceleration clauses are loan agreements, bond agreements, and other debt agreements. These contracts are typically used in business and finance to protect lenders or creditors against borrower default.

What triggers an acceleration clause in a loan agreement?

The specific triggers for an acceleration clause in a loan agreement can vary depending on the terms of the agreement. However, common triggers may include default on loan payments, breach of contract, bankruptcy, or a change in ownership or control of the borrower’s business.

What are the differences between an acceleration and demand clause?

An acceleration clause allows the lender or creditor to demand immediate repayment of the entire outstanding balance of a loan if certain conditions are not met. A demand clause, on the other hand, allows the lender or creditor to demand repayment of the outstanding balance of a loan at any time without the need for specific triggers or conditions.

What are the differences between an acceleration and an alienation clause?

An acceleration clause allows the lender or creditor to demand immediate repayment of the entire outstanding balance of a loan if certain conditions are not met. On the other hand, an alienation clause restricts the borrower’s ability to transfer ownership or sell the asset securing the loan without the lender’s permission.

What is the difference between the due on the sale clause and the acceleration clause?

A due-on-sale clause requires the borrower to pay off the loan’s outstanding balance when the underlying property is sold or transferred to a new owner. An acceleration clause allows the lender to demand immediate repayment of the loan’s outstanding balance if certain conditions are not met, regardless of any sale or transfer of the underlying property.