The Business To Business Loan Agreement is a crucial document used when one business entity provides financial assistance to another in the Philippines. It serves as the primary contract governing commercial lending transactions between corporate entities, whether they are financial institutions lending to businesses or companies extending credit to their business partners. The agreement must comply with Philippine banking regulations, including the Truth in Lending Act and Central Bank circulars, particularly regarding interest rate disclosures and security arrangements. This document is essential for protecting both lender and borrower interests, establishing clear terms for the loan's disbursement, repayment, and security, while ensuring compliance with local corporate and banking laws. It includes comprehensive provisions for defaults, remedies, and dispute resolution, tailored to the Philippine legal framework.
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1. Parties: Identification of the Lender and Borrower with complete business details and registration information
2. Background: Context of the loan arrangement and brief description of the business purpose
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, currency, and permitted use of funds
5. Interest Rate and Fees: Details of interest rate, calculation method, and all applicable fees in compliance with Philippine regulations
6. Drawdown: Conditions and procedures for disbursement of the loan
7. Repayment Terms: Schedule of repayments, payment methods, and prepayment provisions
8. Security: Details of any security or collateral provided for the loan
9. Representations and Warranties: Standard business representations and specific confirmations required under Philippine law
10. Covenants: Positive and negative undertakings by the borrower
11. Events of Default: Circumstances constituting default and consequences
12. Remedies: Lender's rights and remedies upon default
13. Tax Provisions: Allocation of tax responsibilities and documentary stamp tax obligations
14. Governing Law and Jurisdiction: Confirmation of Philippine law governance and jurisdiction
15. Notices: Communication procedures between parties
16. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Guarantees: Required when there is a third-party guarantor for the loan
2. Insurance: Required when specific insurance coverage is needed for secured assets
3. Change of Control: Include when restrictions on ownership changes in the borrower are required
4. Assignment and Transfer: Include when the loan may be transferable or syndicated
5. Increased Costs: Include for longer-term loans to address potential regulatory changes
6. Market Disruption: Include for loans with variable interest rates
7. Anti-Money Laundering Provisions: Detailed AML provisions for high-value loans
8. Electronic Execution: Include if the agreement may be executed electronically under the E-Commerce Act
1. Drawdown Notice Form: Template for requesting loan disbursements
2. Repayment Schedule: Detailed amortization table showing payment dates and amounts
3. Security Details: Detailed description of collateral and security arrangements
4. Conditions Precedent: List of required documents and conditions for loan effectiveness
5. Permitted Security Interests: List of existing or permitted encumbrances on borrower's assets
6. Financial Covenants: Detailed financial ratios and reporting requirements
7. Authorized Signatories: List of persons authorized to act on behalf of each party
8. Disclosure Statement: Required truth in lending disclosures under Philippine law
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Commercial Lending
Corporate Finance
Real Estate & Construction
Manufacturing
Retail & Distribution
Technology & Communications
Agriculture & Food Processing
Energy & Utilities
Transportation & Logistics
Healthcare & Pharmaceuticals
Professional Services
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretariat
Credit Administration
Business Development
Commercial Operations
Account Management
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Credit Risk Manager
Relationship Manager
Compliance Officer
Financial Controller
Business Development Manager
Corporate Secretary
Risk Officer
Account Manager
Finance Manager
Commercial Director
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