The Security Loan Agreement is a crucial document used in Philippine financial transactions where a lender provides funding to a borrower against specific security or collateral. This agreement is particularly important in the Philippine context, where secured lending is governed by various regulations including the Civil Code, Securities Regulation Code, and banking laws. The Security Loan Agreement combines elements of both a loan facility and security arrangement, detailing the loan terms, security structure, enforcement rights, and compliance requirements under Philippine law. It is commonly used in commercial lending, project finance, and asset-based financing, providing lenders with enforceable security rights while offering borrowers access to financing. The document must comply with local registration requirements and perfection rules for security interests.
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1. Parties: Identification of the lender and borrower with complete details as required under Philippine law
2. Background: Context of the loan arrangement and security provision
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. The Loan: Details of the loan amount, purpose, and disbursement arrangements
5. Interest and Fees: Interest rate, calculation method, and any applicable fees
6. Security: Description of the security being provided, creation of security interest
7. Representations and Warranties: Standard representations and warranties from the borrower regarding their capacity and the security
8. Covenants: Positive and negative obligations of the borrower regarding the loan and security
9. Events of Default: Circumstances constituting default and consequences
10. Enforcement: Rights and remedies of the lender upon default, including security enforcement
11. Payments: Payment terms, method, and allocation of payments
12. Assignment and Transfer: Provisions regarding transfer of rights under the agreement
13. Notices: Communication requirements and contact details
14. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction
15. Boilerplate Clauses: Standard contractual provisions including severability, entire agreement, etc.
1. Security Trustee: Required when there are multiple lenders and a security trustee arrangement
2. Insurance: Required when specific insurance requirements apply to the secured assets
3. Further Assurance: Additional security provisions when complex security arrangements are involved
4. Tax Provisions: Detailed tax provisions when significant tax implications exist
5. Registration: Required when security interests need specific registration under Philippine law
6. Guarantee: When a guarantee is provided in addition to the security
7. Priority Arrangements: Required when there are multiple security interests or creditors
1. Schedule 1 - Loan Details: Detailed breakdown of loan amount, interest calculations, and payment schedule
2. Schedule 2 - Security Assets: Detailed description and/or list of assets provided as security
3. Schedule 3 - Conditions Precedent: List of conditions to be satisfied before loan disbursement
4. Schedule 4 - Form of Drawdown Notice: Template for requesting loan disbursement
5. Schedule 5 - Security Documents: List and copies of additional security documentation
6. Schedule 6 - Representations and Warranties: Detailed representations and warranties
7. Schedule 7 - Form of Transfer Certificate: Template for transferring rights under the agreement
8. Appendix A - Registration Requirements: Details of required registrations under Philippine law
9. Appendix B - Security Perfection Requirements: Steps required to perfect the security interest
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Manufacturing
Agriculture
Retail
Technology
Infrastructure
Energy
Transportation
Construction
Mining
Telecommunications
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Corporate Secretariat
Business Development
Operations
Commercial
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Compliance Officer
Risk Manager
Credit Manager
Treasury Manager
Corporate Secretary
Banking Officer
Loan Officer
Security Trustee
Commercial Director
Business Development Manager
Financial Controller
Corporate Lawyer
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