The Loan Borrower Agreement is a crucial legal instrument used in the Philippines when a lender extends credit to a borrower, whether for personal, commercial, or corporate purposes. This document is essential for establishing a legally binding relationship between the parties and must comply with Philippine banking regulations, including BSP Circular No. 1133 (2021), the Truth in Lending Act, and the Civil Code of the Philippines. The agreement covers all aspects of the lending relationship, from initial disbursement to final repayment, including security arrangements, default provisions, and remedies. It's particularly important in the Philippine context where formal lending documentation is required for regulatory compliance and enforcement purposes. The document serves as the primary reference point for both parties' rights and obligations throughout the loan term.
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1. Parties: Identification of the Lender and Borrower with complete details as required by Philippine law
2. Background: Context of the loan agreement and the parties' intention to enter into the lending arrangement
3. Definitions: Definitions of key terms used throughout the agreement, including financial terms and technical references
4. Loan Amount and Purpose: Specification of the loan amount, currency, and permitted purpose of the loan
5. Interest Rate and Charges: Details of interest rate, computation method, and other charges in compliance with Philippine banking regulations
6. Term and Repayment: Loan duration, repayment schedule, and payment mechanisms
7. Conditions Precedent: Conditions that must be satisfied before the loan becomes effective
8. Representations and Warranties: Borrower's declarations regarding their legal and financial status
9. Covenants: Positive and negative obligations of the Borrower during the loan term
10. Events of Default: Circumstances constituting default and their consequences
11. Remedies: Lender's rights and remedies upon occurrence of an Event of Default
12. Boilerplate Provisions: Standard legal provisions including notices, amendments, governing law, and dispute resolution
1. Security: Details of any collateral or security arrangements, used when the loan is secured
2. Guarantor Provisions: Terms relating to guarantors, included when there are third-party guarantors
3. Insurance Requirements: Specific insurance obligations, included for secured loans or when required by lender
4. Special Drawdown Provisions: For loans with multiple drawdown periods or special disbursement conditions
5. Prepayment Terms: Included when early repayment is allowed, detailing penalties and procedures
6. Cross-Default Provisions: Used when the borrower has other significant financial obligations
7. Assignment and Transfer: Included when either party may need to transfer their rights or obligations
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Security Details: Detailed description of any collateral or security arrangements
3. Conditions Precedent Documents: List of required documents and conditions to be met before loan disbursement
4. Fee Schedule: Breakdown of all applicable fees and charges
5. Permitted Purpose Details: Detailed breakdown of approved use of loan funds if restricted
6. Required Insurance Specifications: Details of required insurance coverage and terms
7. Form of Drawdown Notice: Standard format for requesting loan disbursements
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate
Manufacturing
Agriculture
Construction
Retail
Technology
Transportation
Energy
Healthcare
Education
Small and Medium Enterprises
Mining
Telecommunications
Tourism
Relevant Teams
Legal
Finance
Compliance
Risk Management
Treasury
Credit Analysis
Collections
Corporate Secretariat
Banking Relations
Documentation
Relevant Roles
Chief Financial Officer
Finance Manager
Legal Counsel
Compliance Officer
Credit Risk Manager
Loan Officer
Treasury Manager
Account Manager
Corporate Secretary
Financial Controller
Banking Relations Manager
Credit Analyst
Legal Manager
Risk Assessment Officer
Collections Manager
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