The Loan Agreement Deed is a crucial legal document used in Indonesia when parties wish to establish a formal lending arrangement with enhanced legal protection and enforceability. Required for certain types of loans under Indonesian law, particularly those involving significant amounts or specific types of security, this deed must be executed before an Indonesian notary public. The document serves as conclusive evidence of the agreement between parties and typically includes detailed provisions on loan terms, security arrangements, representations and warranties, and enforcement mechanisms. The deed format provides stronger legal standing compared to private loan agreements and is often required by Indonesian financial institutions and regulators. This document type is particularly important for corporate loans, property financing, and other significant financial transactions where legal certainty is paramount.
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1. Parties: Identification and details of the Lender and Borrower, including their legal capacity to enter into the agreement
2. Background: Context of the loan agreement, relationship between parties, and purpose of the loan
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the principal amount, currency, and permitted use of the loan funds
5. Interest Rate: Interest rate, calculation method, and payment terms
6. Disbursement: Conditions and procedures for loan disbursement
7. Repayment Terms: Schedule and method of repayment, including installment amounts and dates
8. Rights and Obligations: Detailed rights and obligations of both the Lender and Borrower
9. Events of Default: Circumstances constituting default and consequences thereof
10. Representations and Warranties: Statements of fact and assurances by the Borrower
11. Covenants: Positive and negative undertakings by the Borrower
12. Taxes and Costs: Allocation of taxes, fees, and other costs related to the loan
13. Governing Law: Specification of Indonesian law as governing law
14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and venue
15. Miscellaneous: Standard provisions including notices, amendments, and severability
16. Execution: Formal execution block meeting Indonesian notarial requirements
1. Security and Collateral: Details of any security or collateral arrangements, used when the loan is secured
2. Insurance: Insurance requirements for secured assets, used when collateral is involved
3. Guarantor Provisions: Terms relating to guarantors, used when there are third-party guarantors
4. Prepayment Terms: Conditions and penalties for early repayment, used when prepayment is allowed
5. Assignment and Transfer: Terms for transferring or assigning the loan, used for transferable loans
6. Additional Representations: Industry-specific representations, used for specialized loans
7. Regulatory Compliance: Specific regulatory requirements, used for regulated borrowers or lenders
8. Foreign Currency Provisions: Exchange rate provisions, used for foreign currency loans
1. Repayment Schedule: Detailed schedule of repayment dates and amounts
2. Collateral List: Comprehensive description and valuation of all collateral assets
3. Conditions Precedent Checklist: List of conditions to be satisfied before disbursement
4. Required Documents: List of documents required from the Borrower
5. Authorized Signatories: List of persons authorized to act on behalf of each party
6. Specimen Signatures: Sample signatures of authorized signatories
7. Form of Disbursement Request: Template for requesting loan disbursements
8. Form of Compliance Certificate: Template for periodic compliance certification
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Manufacturing
Agriculture
Mining
Construction
Retail
Technology
Infrastructure
Healthcare
Education
Hospitality
Transportation
Energy
Relevant Teams
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Banking
Loan Operations
Credit Administration
Risk Management
Corporate Secretarial
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Secretary
Treasury Manager
Credit Risk Manager
Loan Officer
Relationship Manager
Compliance Officer
Risk Manager
Financial Controller
Legal Director
Banking Operations Manager
Credit Analyst
Corporate Banking Head
Managing Director
Finance Manager
Company Director
Branch Manager
Notary Public
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