The Loan Agreement is a fundamental financial instrument used in the Philippines to formalize lending arrangements between parties. It serves as the primary document for both commercial and personal loans, ensuring compliance with Philippine banking regulations, particularly the Truth in Lending Act and Civil Code provisions. This document is essential when any party seeks to extend or receive credit, whether in a business or personal context, and requires careful consideration of interest rate regulations, mandatory disclosures, and security arrangements under Philippine law. The agreement typically includes comprehensive terms covering disbursement conditions, repayment schedules, events of default, and enforcement mechanisms, all structured to meet local legal requirements and banking practices.
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1. Parties: Identifies and defines the Lender and Borrower with complete legal names and addresses
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
4. Loan Amount and Purpose: Specifies the principal amount and intended use of the loan
5. Interest Rate and Calculations: Details the interest rate, calculation method, and compliance with Philippine usury laws
6. Drawdown and Disbursement: Specifies the conditions and process for loan disbursement
7. Repayment Terms: Details the repayment schedule, installment amounts, and payment methods
8. Representations and Warranties: States the parties' representations regarding their capacity and authority
9. Borrower's Covenants: Lists the borrower's ongoing obligations and commitments
10. Events of Default: Defines circumstances constituting default and consequences
11. Remedies: Outlines the lender's rights and remedies upon default
12. Notices: Specifies how formal communications between parties should be made
13. Governing Law and Jurisdiction: Confirms Philippine law as governing law and specifies jurisdiction for disputes
14. Miscellaneous Provisions: Includes standard boilerplate clauses like severability and entire agreement
1. Security Arrangements: Include when the loan is secured by collateral or guarantees
2. Guarantee Provisions: Required when there are third-party guarantors for the loan
3. Insurance Requirements: Include when specific insurance coverage is required for the loan or collateral
4. Syndication Provisions: Required for loans involving multiple lenders
5. Prepayment Terms: Include when early repayment is allowed with specific terms
6. Assignment and Transfer: Include when parties may need to transfer their rights or obligations
7. Currency Provisions: Required for loans involving foreign currency
8. Tax Provisions: Include detailed tax provisions when complex tax implications exist
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Conditions Precedent: List of documents and conditions required before loan disbursement
3. Form of Drawdown Notice: Template for requesting loan disbursement
4. Security Details: Detailed description of any collateral or security arrangements
5. Fees and Charges: Breakdown of all applicable fees and charges
6. Required Insurance: Details of required insurance coverage and terms
7. Disclosure Statement: Truth in Lending Act compliance statement showing effective interest rate and charges
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate
Manufacturing
Retail
Agriculture
Technology
Construction
Small and Medium Enterprises
Microfinance
Infrastructure
Energy
Healthcare
Relevant Teams
Legal
Finance
Compliance
Credit Risk
Treasury
Corporate Secretariat
Business Development
Operations
Account Management
Internal Audit
Relevant Roles
Chief Financial Officer
Finance Manager
Legal Counsel
Compliance Officer
Credit Risk Manager
Loan Officer
Treasury Manager
Corporate Secretary
Business Development Manager
Account Manager
Financial Controller
Credit Analyst
Legal Manager
Banking Operations Manager
Relationship Manager
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