The Revenue Loan Agreement serves as a flexible financing solution for businesses seeking alternative funding sources in the Philippines. This document is particularly suitable for companies with steady revenue streams but who may not qualify for or desire traditional fixed-payment loans. The agreement comprehensively details the revenue-sharing mechanism, including the percentage of revenue to be shared, payment frequency, and calculation methods. It ensures compliance with Philippine banking and lending regulations while protecting both lender and borrower interests. The document includes essential provisions required under Philippine law, such as truth in lending disclosures, documentary stamp tax considerations, and electronic commerce compliance where applicable. This type of agreement has gained popularity among growth-stage companies and SMEs looking for more flexible financing options aligned with their business performance.
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1. Parties: Identification of the Lender and Borrower with complete legal names and addresses
2. Background: Context of the agreement, including the purpose of the loan and brief description of the Borrower's business
3. Definitions: Definitions of key terms used throughout the agreement, including 'Revenue', 'Payment Period', 'Relevant Revenue', and other technical terms
4. The Loan: Details of the loan amount, disbursement conditions, and purpose
5. Revenue Share Calculation: Formula and methodology for calculating the revenue share payments, including the percentage of revenue to be shared
6. Payment Terms: Payment schedule, calculation periods, payment methods, and currency
7. Borrower's Revenue Reporting Obligations: Requirements for revenue reporting, frequency, format, and supporting documentation
8. Representations and Warranties: Standard and specific representations and warranties from both parties
9. Covenants: Positive and negative covenants, including business operation requirements and restrictions
10. Events of Default: Circumstances constituting default and consequences thereof
11. Audit Rights: Lender's rights to audit the Borrower's books and records
12. Confidentiality: Obligations regarding confidential information
13. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
14. Miscellaneous: Standard boilerplate provisions including notices, amendments, assignments, and severability
1. Security: Include when the loan is secured by specific assets or guarantees
2. Minimum Payment Provisions: Include when there's a minimum payment requirement regardless of revenue
3. Maximum Payment Cap: Include when there's a cap on the total repayment amount
4. Early Repayment: Include when early repayment options are available
5. Insurance Requirements: Include when specific insurance coverage is required
6. Intellectual Property Rights: Include when IP rights are relevant to the revenue generation
7. Change of Control: Include when restrictions on change of ownership are necessary
8. Electronic Execution: Include when agreement may be executed electronically
1. Schedule 1 - Revenue Calculation Methodology: Detailed explanation of how revenue is calculated, including inclusions and exclusions
2. Schedule 2 - Form of Revenue Report: Template for periodic revenue reporting
3. Schedule 3 - Conditions Precedent: List of conditions to be satisfied before loan disbursement
4. Schedule 4 - Payment Examples: Examples illustrating how revenue share payments are calculated
5. Schedule 5 - Permitted Investments: List of approved investment activities for the Borrower
6. Appendix A - Initial Business Plan: Borrower's business plan and revenue projections
7. Appendix B - Bank Account Details: Payment account information for both parties
8. Appendix C - Compliance Certificates: Templates for required compliance certificates
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
E-commerce
Retail and Consumer Goods
Food and Beverage
Healthcare Services
Digital Services
Manufacturing
Professional Services
Media and Entertainment
Education and Training
Telecommunications
Financial Services
Hospitality and Tourism
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Secretariat
Credit
Business Development
Operations
Investment
Accounting
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Secretary
Treasury Manager
Financial Controller
Compliance Officer
Risk Manager
Business Development Director
Chief Executive Officer
Chief Operating Officer
Investment Manager
Loan Officer
Credit Risk Analyst
Financial Analyst
Corporate Lawyer
Accounting Manager
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