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Refinance Agreement for Philippines

Refinance Agreement Template for Philippines

A Refinance Agreement under Philippine law is a formal contract that restructures an existing loan or debt obligation between a borrower and a lender. The agreement is governed by Philippine banking regulations, including the General Banking Law of 2000 and the Truth in Lending Act. It outlines the terms and conditions for replacing an existing debt obligation with a new one, typically offering more favorable terms such as lower interest rates, extended payment periods, or modified security arrangements. The document includes detailed provisions for payment schedules, security arrangements, borrower obligations, and compliance with Philippine banking regulations.

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What is a Refinance Agreement?

The Refinance Agreement is a crucial document used when parties seek to modify existing loan terms under Philippine jurisdiction. It's commonly employed when borrowers want to take advantage of more favorable market conditions, need to restructure their debt obligations, or require modified payment terms. The agreement must comply with Philippine banking regulations, including the General Banking Law of 2000, Truth in Lending Act, and relevant Central Bank circulars. This document typically includes comprehensive details about the original loan, new financing terms, security arrangements, payment schedules, and borrower obligations. It's particularly relevant in scenarios involving property refinancing, business loan restructuring, or when borrowers seek to consolidate multiple debts into a single obligation with better terms.

What sections should be included in a Refinance Agreement?

1. Parties: Identification of the lender and borrower with complete details as required by Philippine law

2. Background: Description of the original loan agreement and circumstances leading to refinancing

3. Definitions: Definitions of key terms used throughout the agreement

4. Original Loan Details: Summary of the original loan agreement including date, amount, and current outstanding balance

5. Refinancing Terms: New loan amount, interest rate, payment terms, and duration

6. Conditions Precedent: Conditions that must be satisfied before the refinancing becomes effective

7. Representations and Warranties: Standard declarations by the borrower about their financial status and ability to repay

8. Covenants: Ongoing obligations of the borrower during the term of the refinanced loan

9. Events of Default: Circumstances that constitute default and consequences thereof

10. Security: Details of any security or collateral securing the refinanced loan

11. Payments and Calculations: Detailed payment mechanics and calculation methods

12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction details

13. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability

What sections are optional to include in a Refinance Agreement?

1. Guarantors: Include when third-party guarantors are involved in securing the refinanced loan

2. Property Security Provisions: Required when real estate is used as collateral for the refinanced loan

3. Insurance Requirements: Include when specific insurance coverage is required for secured assets

4. Change Control: Include for corporate borrowers to address ownership changes

5. Tax Provisions: Detailed tax provisions when complex tax implications exist

6. Financial Covenants: Include for corporate borrowers or large loans requiring financial ratio maintenance

7. Cross-Default: Include when the borrower has other significant loans or financial obligations

8. Collection Agent: Include when a third-party collection agent is appointed

What schedules should be included in a Refinance Agreement?

1. Schedule 1 - Original Loan Agreement: Copy or summary of the original loan agreement being refinanced

2. Schedule 2 - Payment Schedule: Detailed amortization schedule showing payment dates and amounts

3. Schedule 3 - Security Details: Detailed description of all security or collateral

4. Schedule 4 - Conditions Precedent Documents: List of required documents and conditions to be met

5. Schedule 5 - Form of Compliance Certificate: Template for periodic compliance certification if required

6. Appendix A - Calculation Methods: Detailed explanation of interest and payment calculations

7. Appendix B - Required Insurance: Specifications for required insurance coverage

8. Appendix C - Standard Forms: Templates for notices, payment instructions, and other standard forms

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions


























































Clauses









































Relevant Industries

Banking

Real Estate

Financial Services

Insurance

Manufacturing

Retail

Construction

Agriculture

Healthcare

Education

Hospitality

Transportation

Energy

Mining

Technology

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Banking Operations

Corporate Finance

Loan Administration

Risk Management

Property Finance

Documentation

Deal Advisory

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Loan Officer

Credit Analyst

Risk Manager

Legal Counsel

Compliance Officer

Banking Relations Manager

Corporate Finance Manager

Financial Controller

Debt Restructuring Specialist

Account Manager

Credit Risk Officer

Banking Operations Manager

Property Finance Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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