The Capital Loan Agreement is a crucial financial instrument used in the Philippines for securing substantial funding for business operations, expansion, or major projects. This document is essential when a company or entity requires significant capital investment and seeks funding from financial institutions or major lenders. The agreement must comply with Philippine banking regulations, including the New Central Bank Act and Truth in Lending Act, while addressing key elements such as interest rate calculations, security requirements, and regulatory compliance. It's particularly important for large-scale transactions where detailed terms, conditions, and security arrangements need to be clearly documented and legally enforceable under Philippine law. The document includes comprehensive provisions for loan disbursement, repayment schedules, events of default, and remedies, making it suitable for complex financing arrangements in the Philippine business environment.
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1. Parties: Identification of the Lender and Borrower with complete legal names and addresses
2. Background: Context of the loan agreement, including the purpose of the loan and brief description of the parties' relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the principal amount and detailed purpose of the loan
5. Interest Rate: Interest rate, calculation method, and payment schedule in compliance with Philippine usury laws
6. Drawdown: Conditions and procedures for disbursement of the loan
7. Repayment Terms: Schedule and method of repayment, including principal and interest payments
8. Security and Collateral: Details of any assets pledged as security for the loan
9. Representations and Warranties: Statements of fact and assurances from the borrower
10. Covenants: Positive and negative obligations of the borrower during the loan term
11. Events of Default: Circumstances constituting default and consequences
12. Remedies: Lender's rights and remedies upon default
13. Governing Law: Specification of Philippine law as governing law
14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and venue
15. Miscellaneous: Standard boilerplate provisions including notices, amendments, and severability
1. Guarantees: Include when there are third-party guarantors for the loan
2. Insurance: Include when specific insurance requirements are imposed on the collateral or borrower
3. Subordination: Include when the loan needs to be subordinated to other debts
4. Assignment and Transfer: Include when either party may need to transfer their rights or obligations
5. Tax Provisions: Include when specific tax considerations need to be addressed
6. Foreign Exchange: Include when the loan involves foreign currency
7. Conditions Subsequent: Include when there are post-closing obligations
8. Security Trustee: Include when there are multiple lenders requiring a security trustee arrangement
1. Repayment Schedule: Detailed amortization table showing payment dates, principal, and interest amounts
2. Collateral Description: Detailed description and valuation of assets provided as security
3. Conditions Precedent Documents: List of required documents for loan disbursement
4. Form of Drawdown Notice: Template for requesting loan disbursement
5. Financial Covenants: Detailed financial ratios and requirements to be maintained
6. Permitted Security Interests: List of pre-approved security interests or liens
7. Form of Compliance Certificate: Template for periodic compliance reporting
8. Required Insurance: Detailed insurance requirements for collateral and borrower
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate and Property Development
Manufacturing
Infrastructure and Construction
Energy and Utilities
Technology and Telecommunications
Agriculture and Agribusiness
Mining and Natural Resources
Transportation and Logistics
Healthcare and Pharmaceuticals
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretariat
Credit Analysis
Operations
Business Development
Internal Audit
Relevant Roles
Chief Financial Officer
Finance Director
Corporate Lawyer
Legal Counsel
Treasury Manager
Credit Risk Manager
Compliance Officer
Corporate Secretary
Financial Controller
Investment Manager
Loan Officer
Senior Banking Executive
Corporate Finance Manager
Risk Assessment Officer
Business Development Director
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