The Loan Collateral Agreement is a crucial document in Philippine secured lending transactions, used whenever a borrower pledges assets as security for a loan obligation. This agreement, governed by Philippine law including the Civil Code and Personal Property Security Act, creates a legally enforceable security interest in favor of the lender. It is essential for various types of lending arrangements, from simple bilateral loans to complex syndicated facilities, and can cover both movable and immovable property as collateral. The document must comply with local registration requirements and Central Bank regulations, particularly when involving regulated financial institutions. It typically includes detailed provisions on collateral valuation, maintenance, insurance requirements, and enforcement procedures in case of default.
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1. Parties: Identifies and provides complete details of the Lender, Borrower, and any guarantors including their legal names, addresses, and registration details if corporations
2. Background: Describes the context of the agreement, references the loan agreement, and outlines the purpose of the collateral arrangement
3. Definitions: Defines key terms used throughout the agreement, including 'Collateral', 'Security Interest', 'Event of Default', and other relevant terms
4. Grant of Security Interest: Legal language creating the security interest in the collateral in favor of the lender
5. Description of Collateral: Detailed identification and description of the assets being used as collateral
6. Representations and Warranties: Borrower's confirmations regarding ownership, condition, and status of the collateral
7. Covenants: Ongoing obligations regarding maintenance, insurance, and use of the collateral
8. Registration and Perfection: Requirements for registering the security interest and maintaining its perfected status
9. Events of Default: Specific circumstances that constitute default and trigger enforcement rights
10. Enforcement Rights: Lender's rights and remedies upon default, including sale or disposition of collateral
11. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution
1. Additional Security: Used when multiple forms of collateral or guarantees are provided
2. Insurance Requirements: Detailed section when specific insurance requirements are needed for valuable collateral
3. Third Party Rights: Required when there are existing liens or third-party interests in the collateral
4. Valuation and Appraisal: Include when periodic valuation of collateral is required
5. Cross-Default Provisions: Used when the collateral secures multiple obligations
6. Release of Collateral: Include when partial release of collateral is contemplated
7. Priority Arrangements: Required when there are multiple secured creditors
1. Schedule A - Collateral Description: Detailed technical or legal description of all collateral items
2. Schedule B - Permitted Liens: List of pre-existing or permitted encumbrances on the collateral
3. Schedule C - Locations of Collateral: Specific addresses where collateral is kept or registered
4. Schedule D - Insurance Requirements: Detailed insurance specifications for the collateral
5. Schedule E - Form of Notices: Template notices for registration, default, or enforcement
6. Appendix 1 - Registration Forms: Required forms for registering the security interest
7. Appendix 2 - Valuation Reports: Initial valuation reports of the collateral
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Manufacturing
Agriculture
Construction
Transportation
Retail
Technology
Energy
Mining
Maritime
Relevant Teams
Legal
Finance
Risk Management
Compliance
Credit Administration
Corporate Secretariat
Treasury
Operations
Security Registration
Asset Management
Relevant Roles
Chief Financial Officer
Legal Counsel
Credit Risk Manager
Loan Officer
Compliance Officer
Corporate Secretary
Treasury Manager
Security Registration Officer
Collateral Manager
Risk Assessment Officer
Banking Operations Manager
Credit Analyst
Financial Controller
Legal Documentation Specialist
Asset Manager
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