6
PLAYBOOK TEMPLATES
Loan Agreement (Secured)
A Secured Loan Agreement provides financing backed by collateral assets, outlining repayment and enforcement terms. This playbook explains negotiation of covenants, events of default, and security perfection requirements.
Conditions Precedent
Negotiation strategy
Ensure that conditions precedent are clear, objective, and achievable. Negotiate for timelines that are reasonable and documentation that is not overly burdensome.
Advocate for conditions that are specific and measurable. Ensure that the timelines are realistic and that the documentation requirements are feasible.
Essential elements
1
Financial Statements
Audited or reviewed financials required.
2
Regulatory Compliance
Evidence of meeting legal standards.
3
Compliance Certificate
Signed by CFO or equivalent.
Action framework
ACCEPT
Propose edits when conditions are ambiguous or timelines are unrealistic.
EDIT
Reject clauses that impose excessive documentation or subjective conditions.
ADD
Add conditions when prerequisites for funding are not clearly defined.
PRO TIP
Always ensure conditions precedent are aligned with business objectives and regulatory requirements.
Real-world examples
FAVORABLE
Clear Financial Requirement
"The Borrower shall provide audited financial statements within 30 days prior to disbursement."
NEUTRAL
Reviewed Financials
"The Borrower shall provide financial statements reviewed by an independent accountant within 45 days prior to disbursement."
UNFAVORABLE
Ambiguous Compliance Requirement
"The Borrower shall ensure all necessary conditions are met prior to disbursement."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, conditions precedent should include additional safeguards such as third-party audits to mitigate potential risks.
Cross-Border Transactions
For cross-border deals, ensure conditions align with international regulations and consider currency exchange implications.
Start-Up Financing
In start-up financing, conditions may focus on milestone achievements rather than traditional financial metrics.
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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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