7
PLAYBOOK TEMPLATES
Loan Agreement (Unsecured)
An Unsecured Loan Agreement establishes credit terms without collateral, relying on borrower creditworthiness. This playbook focuses on interest provisions, representations, and remedies for nonpayment.
Conditions Precedent
Negotiation strategy
Ensure conditions are specific, measurable, and achievable. Include realistic timelines and documentation requirements. Allocate responsibilities clearly between parties.
Confirm that all conditions are realistic and align with the transaction's goals. Ensure that the Borrower has the capacity to fulfill these conditions within the timeline.
Essential elements
1
Documentation Requirements
Necessary documents for compliance.
2
Timeline for Satisfaction
Deadline for meeting conditions.
3
Waiver Provisions
Conditions under which waivers apply.
Action framework
ACCEPT
Propose edits when conditions are unclear or unrealistic.
EDIT
Reject clauses that impose unachievable conditions.
ADD
Add language to clarify responsibilities and timelines.
PRO TIP
Ensure all conditions are documented and agreed upon to prevent future disputes.
Real-world examples
FAVORABLE
Preferred Conditions Precedent
"The obligation of the Lender to make the initial advance under the Loan Agreement is subject to the satisfaction or waiver of the following conditions precedent..."
NEUTRAL
Standard Conditions Precedent
"All conditions precedent must be satisfied or waived within thirty (30) days from the date of this Agreement, unless otherwise agreed in writing by the Lender..."
UNFAVORABLE
Unclear Conditions Precedent
"Conditions precedent must be met as soon as possible without specific timelines or responsibilities outlined."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, conditions precedent should be more stringent to mitigate potential risks and ensure thorough due diligence.
Cross-Border Transactions
For cross-border transactions, consider additional conditions related to regulatory approvals and currency exchange requirements.
Start-Up Financing
In start-up financing, conditions may be more flexible to accommodate the evolving nature of the business and its needs.
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WEEK 1
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WEEK 2
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WEEK 3
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Your team builds initial playbooks, reviews existing clause libraries, and trains the DocJuris agent to align with your internal standards and negotiation positions.
WEEK 4
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