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Commercial Real Estate

Commercial Promissory Note

Drafting commercial promissory notes manually requires careful attention to payment terms, interest calculations, default provisions, and security language—often taking 2-3 hours per document. Attorneys must ensure consistency across multiple loan documents while customizing terms for each transaction, risking errors in complex payment schedules or acceleration clauses.

Automation ROI

Time savings at a glance

Manual workflow3.5 hoursAverage time your team spends by hand
With CaseMark12 minutesDelivery time with CaseMark automation
EfficiencySave 18.8x time with CaseMark

The Problem

Drafting commercial promissory notes requires extracting terms from multiple documents, ensuring compliance with state usury laws, and coordinating provisions across loan documents. Manual drafting takes hours of attorney time and risks inconsistencies that could complicate enforcement or create liability.

The CaseMark Solution

CaseMark automatically extracts deal terms from your uploaded documents and generates comprehensive, legally sound promissory notes. The AI ensures all provisions comply with applicable law, maintains consistency with related documents, and incorporates standard protective clauses appropriate for commercial real estate lending.

Key benefits

How CaseMark automations transform your workflow

Generate complete promissory notes in 8 minutes vs. 2.5 hours manually

Ensure consistent payment terms, interest calculations, and default provisions across all loan documents

Automatically include all critical clauses: acceleration, prepayment, late charges, and security provisions

Customize terms for each transaction while maintaining standardized language and structure

Reduce drafting errors in complex payment schedules and interest calculations

What you'll receive

Document Header with Principal Amount and Date
Promise to Pay Provision
Interest Rate and Calculation Method
Payment Schedule and Terms
Application of Payments
Late Charge Provisions
Prepayment Terms
Default Provisions
Acceleration Clause
Security Interest Description
Waivers
Attorneys' Fees Provision
Governing Law
Signature Blocks

Document requirements

Required

  • Term Sheet or Loan Commitment Letter

Optional

  • Prior Correspondence
  • Related Transaction Documents
  • Entity Formation Documents

Perfect for

Commercial real estate attorneys
Transactional lawyers handling lending transactions
Real estate finance specialists
In-house counsel for commercial lenders
Law firm associates in real estate practice groups

Also useful for

This workflow is applicable across multiple practice areas and use cases

Loan And Financing98% relevant

Commercial promissory notes are fundamental loan documentation used across all types of commercial lending transactions, from equipment financing to business acquisition loans.

This is the most direct application of promissory notes outside real estate, as loan and financing attorneys draft these documents for virtually every secured and unsecured commercial lending transaction.

Corporate Finance88% relevant

Promissory notes are essential for documenting debt financing arrangements, bridge loans, and mezzanine financing in corporate finance transactions.

Corporate finance attorneys regularly structure and document debt instruments using promissory notes as the primary evidence of debt obligations between companies and lenders.

Promissory notes document convertible debt instruments, bridge financing, and shareholder loans commonly used in venture capital and private equity transactions.

VC and PE attorneys frequently use promissory notes for convertible notes, founder loans, and interim financing arrangements before equity rounds close.

Promissory notes are used to document seller financing, earnout payments, and deferred purchase price obligations in M&A transactions.

M&A attorneys regularly draft promissory notes when deal structures include seller financing or when buyers need to defer portions of the purchase price over time.

Financial Services72% relevant

Financial services attorneys draft promissory notes for commercial lending clients and ensure compliance with lending regulations and disclosure requirements.

Financial institutions require properly drafted promissory notes that comply with banking regulations, making this workflow valuable for attorneys advising lenders and financial services companies.

Frequently asked questions

Q

What information do I need to draft a commercial promissory note?

A

You need the principal loan amount, interest rate (fixed or variable), payment schedule, maturity date, and complete legal names of the borrower and lender. CaseMark can extract these terms from your term sheet, loan commitment letter, or deal correspondence. Additional helpful information includes prepayment terms, default provisions, and details about the secured property.

Q

How does CaseMark ensure the promissory note is enforceable?

A

CaseMark drafts notes as negotiable instruments under UCC Article 3 with unconditional promises to pay, fixed amounts, and definite payment terms. The tool includes proper waiver provisions, acceleration clauses, and security instrument cross-references. It also ensures consistency with related loan documents to avoid conflicts that could complicate enforcement.

Q

Can the promissory note include prepayment penalties?

A

Yes, CaseMark can draft prepayment provisions with penalties based on your negotiated terms. For commercial transactions, prepayment restrictions are generally enforceable. The tool will specify the calculation method, applicable time period, and any exceptions such as casualty insurance proceeds or condemnation awards.

Q

How does CaseMark handle compliance with state usury laws?

A

CaseMark incorporates state-specific usury limitations and ensures late charges are properly characterized as liquidated damages rather than additional interest. The tool prompts you to verify compliance with the applicable state's maximum interest rates and helps structure fees to avoid usury concerns while protecting the lender's interests.

Q

Will the promissory note coordinate with my deed of trust or mortgage?

A

Yes, CaseMark includes cross-references to the security instrument and ensures consistency between default provisions, payment terms, and other key clauses across all transaction documents. This coordination is essential for proper lien enforcement and avoiding ambiguities that could arise from conflicting provisions.