The Unsecured Loan Agreement is essential for lending transactions in the Philippines where no specific assets are pledged as collateral. This document is commonly used by financial institutions, private lenders, and businesses when extending credit based solely on the borrower's creditworthiness and promise to pay. It must comply with Philippine banking regulations, including the Truth in Lending Act and Central Bank guidelines on interest rate disclosure. The agreement includes comprehensive provisions on loan terms, borrower obligations, default scenarios, and enforcement mechanisms. Given the higher risk associated with unsecured lending, this document requires particular attention to credit assessment provisions and enforcement mechanisms available under Philippine law.
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1. Parties: Identifies and provides full details of the Lender and Borrower, including names, addresses, and any relevant registration numbers
2. Background: Brief context of the loan arrangement and the parties' intention to enter into this agreement
3. Definitions: Defines key terms used throughout the agreement for clarity and consistency
4. Loan Amount and Purpose: Specifies the principal amount of the loan and its intended use
5. Interest Rate: Details the interest rate, calculation method, and frequency of interest charges
6. Repayment Terms: Specifies the repayment schedule, payment amounts, and payment methods
7. Representations and Warranties: Statements of fact and assurances given by the Borrower regarding their capacity and ability to repay
8. Borrower's Covenants: Ongoing obligations of the Borrower during the loan term
9. Events of Default: Lists circumstances that constitute default and their consequences
10. Remedies: Outlines the Lender's rights and remedies in case of default
11. Notices: Specifies how formal communications between parties should be made
12. Governing Law: Confirms Philippine law as governing law and jurisdiction
13. General Provisions: Standard contract clauses including severability, entire agreement, and amendments
1. Early Repayment: Include when early repayment is permitted, specifying any penalties or calculations
2. Insurance: Include when requiring the Borrower to maintain specific insurance coverage
3. Assignment: Include when either party may need to transfer their rights under the agreement
4. Co-signers: Include when there are additional parties guaranteeing the loan
5. Cross-Default: Include when default on other obligations should trigger default under this loan
6. Financial Covenants: Include when requiring the Borrower to maintain specific financial metrics
7. Electronic Execution: Include when the agreement may be signed electronically
1. Schedule 1 - Repayment Schedule: Detailed amortization table showing payment dates, amounts, and breakdown of principal and interest
2. Schedule 2 - Fees and Charges: Comprehensive list of all applicable fees, charges, and penalties
3. Schedule 3 - Conditions Precedent: List of conditions that must be satisfied before the loan is disbursed
4. Appendix A - Form of Notice: Template for formal notices between parties
5. Appendix B - Disbursement Request Form: Standard form for requesting loan disbursement
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Loan Officer
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