This Conditional Loan Agreement is designed for use in the Philippine jurisdiction when a lender wishes to extend credit subject to specific conditions being met before funds are released. The document is particularly relevant in scenarios where due diligence, documentation requirements, or specific performance criteria must be satisfied prior to loan disbursement. The agreement comprehensively addresses requirements under Philippine banking laws, including the Truth in Lending Act and BSP regulations, making it suitable for both commercial and personal lending arrangements. The document typically includes detailed sections on conditions precedent, drawdown mechanics, security arrangements, and ongoing obligations of the borrower, with specific attention to local regulatory compliance and enforcement mechanisms available under Philippine law.
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1. Parties: Identifies and defines the Lender and Borrower with their complete legal names, addresses, and registration details if applicable
2. Background: Explains the context of the loan and the parties' intention to enter into the agreement
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Loan Amount and Purpose: Specifies the principal amount of the loan and its intended use
5. Conditions Precedent: Lists all conditions that must be satisfied before the loan becomes available
6. Interest Rate and Fees: Details the interest rate, calculation method, and all applicable fees as required by the Truth in Lending Act
7. Drawdown: Specifies the process and requirements for accessing the loan funds
8. Repayment Terms: Outlines the repayment schedule, payment methods, and prepayment provisions
9. Representations and Warranties: States the facts and assurances provided by the Borrower
10. Covenants: Lists ongoing obligations of the Borrower during the loan term
11. Events of Default: Defines circumstances that constitute default and their consequences
12. Remedies: Outlines the Lender's rights and remedies in case of default
13. Governing Law and Jurisdiction: Specifies Philippine law as governing law and defines jurisdiction for disputes
14. Notices: Details how formal communications between parties should be made
15. Miscellaneous: Contains standard boilerplate provisions including severability, entire agreement, and amendments
1. Security: Include when the loan is secured by collateral, detailing the security arrangement and enforcement rights
2. Guarantees: Include when a third party is guaranteeing the loan obligations
3. Insurance: Include when specific insurance coverage is required for the loan or collateral
4. Assignment and Transfer: Include when either party may need to transfer their rights or obligations
5. Tax Provisions: Include when specific tax considerations need to be addressed, particularly for large commercial loans
6. Multiple Borrowers: Include when there is more than one borrower to address joint and several liability
7. Foreign Currency Provisions: Include when the loan is denominated in a currency other than Philippine Peso
1. Schedule 1 - Conditions Precedent Documents: List of all documents required before loan disbursement
2. Schedule 2 - Drawdown Notice Form: Template form for requesting loan disbursement
3. Schedule 3 - Repayment Schedule: Detailed amortization table showing payment dates and amounts
4. Schedule 4 - Security Details: Description of any collateral or security arrangements if applicable
5. Schedule 5 - Fee Schedule: Detailed breakdown of all fees and charges
6. Schedule 6 - Compliance Certificates: Template certificates for ongoing compliance reporting
7. Appendix A - Truth in Lending Act Disclosure: Mandatory disclosure statement as required by Philippine law
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate and Property Development
Manufacturing
Agriculture
Technology and Telecommunications
Retail and Commerce
Infrastructure and Construction
Healthcare
Education
Energy and Utilities
Transportation and Logistics
Relevant Teams
Legal
Finance
Compliance
Risk Management
Credit Administration
Treasury
Corporate Secretariat
Business Development
Loan Operations
Documentation
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Compliance Officer
Credit Risk Manager
Loan Officer
Financial Controller
Treasury Manager
Corporate Secretary
Business Development Manager
Account Manager
Credit Analyst
Legal Manager
Finance Manager
Risk Assessment Officer
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