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Loan Transfer Agreement
"I need a Loan Transfer Agreement for transferring a secured commercial property loan from ABC Bank to XYZ Financial, with the transfer scheduled for March 15, 2025; the loan has an outstanding balance of PHP 50 million and the borrower's consent is required."
1. Parties: Identifies the original lender (Transferor), the new lender (Transferee), and may include the Borrower if they are a party to the agreement
2. Background: Describes the original loan agreement, its key terms, and the intention to transfer the loan
3. Definitions: Defines key terms used throughout the agreement, including 'Transfer Date', 'Loan Agreement', 'Outstanding Amount', etc.
4. Transfer and Assignment: Core section detailing the transfer of rights, obligations, and security interests from Transferor to Transferee
5. Purchase Price and Payment: Specifies the consideration for the transfer and payment mechanics
6. Representations and Warranties: Warranties from Transferor regarding the loan, security, and authority to transfer
7. Completion and Transfer Requirements: Details the conditions precedent and steps required to complete the transfer
8. Further Assurance: Obligations of parties to execute additional documents and take necessary steps to perfect the transfer
9. Notices: Communication procedures between parties
10. Governing Law and Jurisdiction: Specifies Philippine law as governing law and jurisdiction for disputes
1. Borrower Consent: Required if the original loan agreement requires borrower consent for transfer
2. Security Transfer Provisions: Required if the loan is secured and security interests need to be transferred
3. Tax Provisions: Detailed tax implications and responsibilities if the transfer has significant tax consequences
4. Regulatory Compliance: Required if the transfer needs specific regulatory approvals or compliance measures
5. Continuing Obligations: Details any ongoing obligations of the Transferor post-transfer
6. Data Protection: Required if personal data transfer is significant and needs specific provisions under Philippine Data Privacy Act
1. Schedule 1 - Loan Agreement Details: Copy or details of the original loan agreement being transferred
2. Schedule 2 - Outstanding Amount and Payment History: Details of the current loan balance and payment history
3. Schedule 3 - Security Details: List and details of any security interests being transferred
4. Schedule 4 - Transfer Documents: Forms of notices and other documents required to effect the transfer
5. Schedule 5 - Completion Requirements: Checklist of documents and actions required for completion
6. Appendix A - Form of Transfer Notice: Template for notifying relevant parties of the transfer
7. Appendix B - Form of Borrower Acknowledgment: Template for borrower's acknowledgment of the transfer if required
Authors
Assigned Rights
Assignment Date
Borrower
Business Day
Completion
Completion Date
Cut-off Date
Default Interest
Effective Date
Encumbrance
Event of Default
Existing Loan Agreement
Facility
Finance Documents
Financial Indebtedness
Governmental Authority
Interest Period
Law
Loan
Loan Documentation
Material Adverse Effect
Outstanding Amount
Payment Date
Philippine Peso
Purchase Price
Related Rights
Repayment Date
Security
Security Documents
Security Interest
Tax
Transfer
Transfer Certificate
Transfer Date
Transfer Documents
Transferee
Transferor
Transferred Assets
Underlying Documents
Transfer
Purchase Price
Payment Terms
Representations and Warranties
Conditions Precedent
Completion
Further Assurance
Security Transfer
Notices
Confidentiality
Data Protection
Tax
Costs and Expenses
Assignment and Transfer
Amendments
Severability
Entire Agreement
Counterparts
Third Party Rights
Force Majeure
Governing Law
Dispute Resolution
Indemnification
Regulatory Compliance
Anti-Money Laundering
Borrower Protection
Default
Remedies
Acknowledgment
Banking
Financial Services
Insurance
Real Estate
Investment Management
Asset Management
Corporate Finance
Debt Collection
Private Equity
Commercial Lending
Legal
Finance
Credit Risk
Compliance
Treasury
Portfolio Management
Loan Administration
Risk Management
Corporate Banking
Investment
Asset Management
Due Diligence
Debt Recovery
Transaction Management
Legal Counsel
Banking Lawyer
Finance Manager
Credit Manager
Loan Officer
Risk Manager
Compliance Officer
Portfolio Manager
Transaction Manager
Chief Financial Officer
Treasury Manager
Debt Collection Manager
Investment Manager
Asset Manager
Due Diligence Officer
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