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Loan With Collateral Agreement for Philippines

Loan With Collateral Agreement Template for Philippines

A comprehensive legal agreement governed by Philippine law that establishes the terms and conditions of a loan secured by specific collateral. The document details the loan amount, interest rates, repayment terms, and the assets pledged as security, while ensuring compliance with the Civil Code of the Philippines, Personal Property Security Act, and relevant banking regulations. It includes provisions for default scenarios, enforcement rights, and the process for realizing the security interest in accordance with Philippine secured transactions law.

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Loan With Collateral Agreement

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What is a Loan With Collateral Agreement?

The Loan With Collateral Agreement is a crucial document used in Philippine lending transactions where a borrower pledges specific assets as security for a loan. This agreement is essential for financial institutions, businesses, and individuals engaging in secured lending under Philippine law, providing protection for lenders while enabling borrowers to access financing using their assets as collateral. The document must comply with the Civil Code of the Philippines, Personal Property Security Act, and other relevant banking and security regulations. It covers all aspects of the lending relationship, from loan disbursement to potential enforcement, and includes detailed provisions about the collateral, its maintenance, and the process for enforcing security interests if default occurs. This type of agreement is particularly important in commercial lending, asset financing, and business expansion scenarios where substantial loan amounts require security backing.

What sections should be included in a Loan With Collateral Agreement?

1. Parties: Identifies and provides full details of the Lender and Borrower, including their legal names, addresses, and any registration numbers

2. Background: Explains the context of the loan and the parties' intention to enter into a secured lending arrangement

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Loan Amount and Purpose: Specifies the principal amount of the loan and its intended use

5. Interest Rate and Charges: Details the interest rate, calculation method, and any additional charges or fees

6. Repayment Terms: Specifies the repayment schedule, payment methods, and prepayment provisions

7. Collateral: Describes the assets being pledged as security and the nature of the security interest

8. Representations and Warranties: States the facts and assurances provided by the Borrower regarding their situation and the collateral

9. Covenants: Lists ongoing obligations of the Borrower during the loan term

10. Events of Default: Defines circumstances that constitute default and trigger enforcement rights

11. Enforcement Rights: Details the Lender's rights and remedies upon default, including collateral seizure

12. Notices: Specifies how formal communications between parties should be made

13. Governing Law: Confirms Philippine law as governing law and jurisdiction details

14. Signature Page: Space for parties to execute the agreement with appropriate attestation

What sections are optional to include in a Loan With Collateral Agreement?

1. Insurance Requirements: Required when the collateral must be insured or when loan insurance is mandatory

2. Guarantor Provisions: Include when a third party is guaranteeing the loan

3. Security Trustee: Needed for syndicated loans or when a trustee holds the security

4. Cross-Default: Include when the loan should be linked to other financial obligations

5. Foreign Currency Provisions: Required when the loan or repayments involve foreign currency

6. Electronic Execution: Include when the agreement may be executed electronically under the E-Commerce Act

7. Assignment and Transfer: Include when either party may need to transfer their rights or obligations

What schedules should be included in a Loan With Collateral Agreement?

1. Schedule 1 - Collateral Description: Detailed description and documentation of all assets provided as collateral

2. Schedule 2 - Repayment Schedule: Detailed amortization table showing payment dates, amounts, and interest allocation

3. Schedule 3 - Perfection Requirements: List of actions required to perfect the security interest in the collateral

4. Schedule 4 - Condition Precedent Documents: List of documents required before loan disbursement

5. Schedule 5 - Existing Encumbrances: List of any existing liens or encumbrances on the collateral

6. Appendix A - Form of Disbursement Request: Standard form for requesting loan disbursements

7. Appendix B - Form of Compliance Certificate: Template for periodic compliance certification by the Borrower

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Genie AI

Document Type

Finance Agreement

Cost

Free to use
Relevant legal definitions





































Clauses






























Relevant Industries

Banking

Financial Services

Real Estate

Manufacturing

Agriculture

Construction

Retail

Transportation

Technology

Energy

Mining

Healthcare

Education

Relevant Teams

Legal

Finance

Credit

Risk Management

Compliance

Operations

Treasury

Collections

Business Development

Corporate Banking

Documentation

Collateral Management

Relevant Roles

Chief Financial Officer

Finance Director

Credit Manager

Risk Officer

Legal Counsel

Compliance Officer

Loan Officer

Corporate Banker

Credit Analyst

Treasury Manager

Collections Manager

Business Development Manager

Relationship Manager

Security Trustee Officer

Collateral Manager

Documentation Specialist

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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