Memorandum Of Understanding For Loan Agreement Template for Indonesia

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Key Requirements PROMPT example:

Memorandum Of Understanding For Loan Agreement

"I need a Memorandum of Understanding for a Loan Agreement under Indonesian law for a secured corporate loan of IDR 50 billion from Bank Central Asia to my manufacturing company, with the loan intended for factory expansion and equipment purchase."

Document background
The Memorandum of Understanding For Loan Agreement is a crucial preliminary document used in Indonesian financing transactions to establish the framework for a proposed loan facility. It is typically employed when parties have reached an initial understanding on key commercial terms but require a documented basis for further negotiation and due diligence before proceeding to a binding loan agreement. This document, while generally non-binding except for certain provisions like confidentiality and exclusivity, serves to outline the proposed loan structure, basic terms, conditions precedent, and the pathway to a definitive agreement. It must be drafted in compliance with Indonesian banking regulations, OJK requirements, and civil law principles. The MOU is particularly valuable in complex financing transactions where detailed due diligence and regulatory approvals are required, or in cross-border transactions where alignment on key terms is essential before incurring the costs of full documentation.
Suggested Sections

1. Parties: Identification of the lender and borrower, including their full legal names, registration numbers, and addresses

2. Background: Context of the proposed loan arrangement, including the purpose of the loan and the parties' intentions

3. Definitions: Key terms used throughout the MOU, ensuring clear understanding between parties

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

5. Interest Rate: Proposed interest rate structure and calculation method

6. Repayment Terms: Proposed repayment schedule, term of the loan, and payment methods

7. Conditions Precedent: Key conditions that must be met before proceeding to the final loan agreement

8. Good Faith Negotiations: Commitment to negotiate the final loan agreement in good faith

9. Confidentiality: Obligations regarding confidential information shared during negotiations

10. Costs and Expenses: Responsibility for costs associated with preparing the MOU and final agreement

11. Governing Law: Confirmation that Indonesian law governs the MOU

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Security and Collateral: Include when the loan is expected to be secured by specific assets or guarantees

2. Foreign Exchange Provisions: Required for loans involving foreign currency or cross-border elements

3. Related Party Arrangements: Needed when the loan involves group companies or related party transactions

4. Regulatory Approvals: Include when specific regulatory approvals (e.g., OJK, Bank Indonesia) will be required

5. Due Diligence: Include when significant due diligence is required before final loan agreement

6. Insurance Requirements: Include when specific insurance coverage will be required for the loan

7. Events of Default: Optional in MOU but may be included to outline key default scenarios

8. Syndication Rights: Include if the loan may be syndicated to other lenders

Suggested Schedules

1. Term Sheet: Summary of key commercial terms of the proposed loan

2. Required Documents: List of documents required for the final loan agreement

3. Corporate Structure: Organization chart showing borrower's corporate structure if relevant

4. Proposed Security Structure: Overview of proposed security arrangements if applicable

5. Conditions Precedent Checklist: Detailed list of conditions to be met before final loan agreement

6. Timeline: Proposed timeline for finalizing the loan agreement and completing conditions precedent

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

Relevant legal definitions
Relevant Industries

Banking and Financial Services

Real Estate and Property Development

Manufacturing

Infrastructure and Construction

Energy and Resources

Technology and Telecommunications

Agriculture and Plantation

Retail and Consumer Goods

Healthcare and Pharmaceuticals

Transportation and Logistics

Education

Hospitality and Tourism

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretariat

Business Development

Credit

Corporate Finance

Executive Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Secretary

Risk Manager

Compliance Officer

Business Development Director

Investment Manager

Credit Risk Officer

Banking Relationship Manager

Financial Controller

Corporate Finance Manager

General Counsel

Managing Director

Chief Executive Officer

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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