The Lending Loan Agreement serves as the primary documentation for loan transactions in the Philippines, whether for commercial, personal, or business purposes. This document is essential when any financial institution or licensed lender extends credit to borrowers, ensuring compliance with Philippine banking regulations, the Civil Code, and other relevant legislation. The agreement typically includes comprehensive details about the loan facility, interest calculations, repayment schedules, security arrangements (if applicable), and the rights and obligations of all parties involved. It's particularly important in the Philippine context due to specific local requirements regarding interest rate disclosure, documentary stamp tax, and anti-money laundering provisions. The Lending Loan Agreement can be customized for various lending scenarios, from simple personal loans to complex commercial financing arrangements, while maintaining compliance with local legal requirements.
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1. Parties: Identifies and provides full details of the Lender and Borrower, including registration numbers for companies or ID details for individuals
2. Background: Contextual information about the purpose of the loan and the parties' intention to enter into the agreement
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Loan Amount and Purpose: Specifies the principal amount being lent and its intended use
5. Interest Rate and Calculations: Details the agreed interest rate, calculation method, and payment frequency in compliance with Philippine banking regulations
6. Repayment Terms: Specifies repayment schedule, method of payment, and prepayment provisions
7. Conditions Precedent: Lists conditions that must be satisfied before the loan becomes effective
8. Representations and Warranties: Statements of fact and assurances given by the Borrower regarding their legal and financial status
9. Covenants: Ongoing obligations of the Borrower during the loan term
10. Events of Default: Defines circumstances constituting default and consequences thereof
11. Remedies: Details the Lender's rights and remedies upon occurrence of an Event of Default
12. Expenses and Taxes: Allocates responsibility for costs, including documentary stamp tax and other applicable taxes
13. Notices: Specifies how formal communications between parties should be made
14. Governing Law and Jurisdiction: Confirms Philippine law as governing law and specifies jurisdiction for dispute resolution
15. Miscellaneous Provisions: Includes standard boilerplate clauses such as severability, entire agreement, and amendments
1. Security: Required for secured loans - details the assets provided as collateral and registration requirements under the Personal Property Security Act
2. Guarantees: Used when a third party guarantees the loan - details guarantor obligations and enforcement rights
3. Insurance: Required when insurance of collateral or life insurance of borrower is mandatory
4. Special Drawdown Provisions: Used for multiple drawdown facilities or special disbursement conditions
5. Financial Covenants: Required for corporate borrowers - includes financial ratios and reporting requirements
6. Assignment and Transfer: Used when loan may be syndicated or transferred - details conditions for assignment
7. Anti-Money Laundering Provisions: Enhanced provisions required for high-value loans or when required by the lender's compliance policies
8. Cross-Default: Used in corporate lending - links default to other financial agreements of the borrower
1. Repayment Schedule: Detailed amortization table showing payment dates, principal and interest components
2. Conditions Precedent Documents: List of required documents and conditions to be satisfied before drawdown
3. Security Details: Detailed description of collateral and security registration requirements (for secured loans)
4. Form of Drawdown Notice: Standard form for requesting loan disbursement
5. Fees Schedule: Breakdown of all applicable fees and charges
6. Know Your Customer Requirements: List of required documentation for anti-money laundering compliance
7. Form of Promissory Note: Standard form of promissory note to be issued by borrower
8. Insurance Requirements: Details of required insurance coverage and endorsed policies (if applicable)
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