The Loan Contract serves as a fundamental legal instrument in Philippine financial transactions, establishing the rights and obligations between lenders and borrowers. This document is essential when any party wishes to extend or receive credit, whether for business expansion, asset acquisition, or other financial needs. The contract must comply with Philippine banking regulations, including the Truth in Lending Act and BSP circulars, particularly regarding interest rate disclosure and borrower protections. It's commonly used by banks, financial institutions, and private lenders, incorporating mandatory provisions required by Philippine law while allowing flexibility for specific commercial terms agreed between the parties.
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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 funds
5. Interest Rate: Details the interest rate, calculation method, and payment frequency in compliance with Philippine regulations
6. Term and Repayment: Specifies loan duration and repayment schedule including installment amounts
7. Security and Collateral: Details any assets pledged as security for the loan
8. Conditions Precedent: Lists conditions that must be met before the loan is disbursed
9. Representations and Warranties: States the legal assurances made by the borrower
10. Covenants: Lists ongoing obligations of the borrower during the loan term
11. Events of Default: Defines circumstances constituting default and consequences
12. Remedies: Outlines the lender's rights and remedies upon default
13. Governing Law: Specifies Philippine law as governing law and jurisdiction
14. Notices: Details how formal communications between parties should be made
15. Miscellaneous: Includes standard boilerplate provisions like severability and entire agreement
1. Guarantor Provisions: Required when there is a guarantor for the loan
2. Insurance Requirements: Needed when specific insurance coverage is required for the loan or collateral
3. Prepayment Terms: Include when early repayment is allowed with specific terms
4. Assignment and Transfer: Include when the loan may be assignable to other parties
5. Foreign Currency Provisions: Required for loans denominated in foreign currency
6. Co-Borrower Provisions: Include when there are multiple borrowers
7. Syndication Provisions: Required for syndicated loans with multiple lenders
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Collateral Description: Detailed description of assets provided as security
3. Conditions Precedent Documents: List of required documents and conditions to be met before disbursement
4. Fees and Charges: Breakdown of all applicable fees, charges, and penalties
5. Form of Promissory Note: Template of the promissory note to be signed by borrower
6. Disclosure Statement: Truth in Lending Act disclosures including effective interest rate
7. Required Insurance: Details of required insurance coverage and terms
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Construction
Manufacturing
Agriculture
Small and Medium Enterprises
Corporate Finance
Retail Banking
Microfinance
Relevant Teams
Legal
Compliance
Credit Risk
Corporate Finance
Banking Operations
Treasury
Document Management
Relationship Management
Risk Management
Credit Administration
Relevant Roles
Legal Counsel
Credit Officer
Loan Officer
Compliance Manager
Risk Manager
Corporate Finance Manager
Banking Operations Manager
Credit Analyst
Legal Document Specialist
Relationship Manager
Treasury Manager
Chief Financial Officer
Chief Legal Officer
Credit Risk Officer
Branch Manager
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