The Inter Corporate Loan Agreement is a crucial document used when one corporation extends a loan to another corporation in the Philippines. This agreement is essential for documenting corporate lending transactions and ensuring compliance with Philippine banking regulations, corporate laws, and tax requirements. It is particularly relevant for businesses seeking alternative financing options outside traditional banking channels. The agreement must adhere to specific Philippine legal requirements, including those set forth in the Corporation Code, General Banking Law, and relevant BSP regulations. It typically includes comprehensive provisions covering loan terms, security arrangements, representations and warranties, covenants, and events of default, all tailored to the Philippine legal context. This document is commonly used in various scenarios including working capital financing, expansion projects, or refinancing existing corporate debt.
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1. Parties: Identification of the Lender and Borrower corporations, including their complete corporate details and registration information
2. Background: Context of the loan agreement, relationship between the parties, and purpose of the loan
3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation
4. The Loan: Core terms including loan amount, purpose, and disbursement conditions
5. Interest: Interest rate, calculation method, payment periods, and default interest provisions
6. Repayment: Repayment schedule, prepayment terms, and payment mechanics
7. Conditions Precedent: Conditions that must be satisfied before loan disbursement
8. Representations and Warranties: Standard corporate representations and specific financial warranties
9. Covenants: Positive and negative covenants, including financial covenants and reporting requirements
10. Events of Default: Circumstances constituting default and consequences thereof
11. Taxes: Treatment of taxes, including documentary stamp tax and withholding requirements
12. Changes to Parties: Rules regarding assignment and transfer of rights and obligations
13. Notices: Communication procedures and contact details
14. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and amendments
1. Security: Include when the loan is secured by collateral or guarantees
2. Guarantee: Include when there is a corporate guarantor for the loan
3. Insurance: Include when specific insurance requirements are imposed on the borrower
4. Subordination: Include when the loan needs to be subordinated to other debts
5. Conversion Rights: Include if the loan is convertible to equity
6. Anti-Money Laundering Provisions: Enhanced provisions for high-value loans or when required by regulations
7. Multi-currency Provisions: Include if the loan can be drawn in multiple currencies
8. Syndication Provisions: Include if the loan may be syndicated to other lenders
1. Schedule 1: Conditions Precedent: Detailed list of required documents and conditions
2. Schedule 2: Form of Drawdown Notice: Template for requesting loan disbursements
3. Schedule 3: Repayment Schedule: Detailed amortization or repayment schedule
4. Schedule 4: Security Details: Description of any collateral or security arrangements
5. Schedule 5: Financial Covenants: Detailed financial ratios and calculations
6. Appendix A: Corporate Authorizations: Required board resolutions and corporate approvals
7. Appendix B: Form of Compliance Certificate: Template for periodic compliance reporting
8. Appendix C: Calculation of Interest: Detailed interest calculation methodology
Relevant legal definitions
Clauses
Relevant Industries
Banking and Finance
Manufacturing
Real Estate
Construction
Technology
Retail
Energy
Infrastructure
Telecommunications
Agriculture
Mining
Healthcare
Transportation and Logistics
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretariat
Credit
Tax
Accounting
Corporate Banking
Business Development
Relevant Roles
Chief Financial Officer
Finance Director
Corporate Treasurer
Legal Counsel
Compliance Officer
Credit Risk Manager
Corporate Secretary
Financial Controller
Treasury Manager
Loan Officer
Corporate Banking Manager
Risk Management Officer
Managing Director
Business Development Manager
Account Manager
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