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PLAYBOOK TEMPLATES
Loan Agreement (Secured)
A Secured Loan Agreement provides financing backed by collateral assets, outlining repayment and enforcement terms. This playbook explains negotiation of covenants, events of default, and security perfection requirements.
Governing Law and Jurisdiction
Negotiation strategy
Negotiate for a jurisdiction with predictable legal outcomes, such as New York, to ensure efficient dispute resolution. Emphasize the importance of established legal precedents in finance and capital markets.
Advocate for a jurisdiction that aligns with your operational base to minimize travel and litigation costs. Consider proposing a neutral jurisdiction if a consensus cannot be reached.
Essential elements
1
Governing Law Clause
Specifies applicable legal framework.
2
Jurisdiction Clause
Designates forum for disputes.
3
Fallback Provisions
Alternative legal options if needed.
Action framework
ACCEPT
Propose edits if the jurisdiction is not favorable or lacks clarity.
EDIT
Reject if the clause introduces significant legal uncertainty or enforcement issues.
ADD
Add if the clause is missing to ensure legal clarity and enforceability.
PRO TIP
Always verify that the chosen jurisdiction aligns with your business's strategic goals and risk management policies.
Real-world examples
FAVORABLE
Preferred New York Governing Law
"This Agreement shall be governed by the laws of the State of New York, and the parties submit to the exclusive jurisdiction of the courts located in New York County, New York."
NEUTRAL
Fallback Delaware Governing Law
"This Agreement shall be governed by the laws of the State of Delaware, and the parties submit to the jurisdiction of the courts located in Wilmington, Delaware."
UNFAVORABLE
Unspecified Governing Law
"The governing law and jurisdiction shall be determined at a later date."
Alternative scenarios & positions
Cross-Border Transactions
In cross-border deals, select a jurisdiction with international recognition to facilitate enforcement across borders.
High-Risk Projects
For high-risk projects, choose a jurisdiction known for its robust legal framework to mitigate potential disputes.
Startup Agreements
Startups may prefer local jurisdictions to reduce costs, but should ensure the chosen law supports innovation and growth.
Access all other DocJuris Playbooks
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WEEK 1
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Our CX team works with you to understand your contracting challenges, prioritize key workflows, and identify the biggest impact areas. We build a tailored implementation plan that fits your needs.
WEEK 2
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WEEK 3
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Your team builds initial playbooks, reviews existing clause libraries, and trains the DocJuris agent to align with your internal standards and negotiation positions.
WEEK 4
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