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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.

Interest and Payment Terms

Why This Matters: Misaligned or unclear payment terms can disrupt cash flow, trigger defaults, or lead to disputes over interest calculations.

Negotiation strategy

If you're the Lender:

Ensure interest rates are competitive and align with market standards. Include rate floors or caps to manage financial risk and provide stability.

If you're the Borrower:

Negotiate for clear and favorable payment schedules that align with cash flow needs. Ensure default interest terms are reasonable and well-defined.

Essential elements

1

Interest Rate

Rate at which interest accrues.
2

Payment Schedule

Timetable for payment obligations.
3

Default Interest

Interest rate upon default.

Action framework

ACCEPT

Propose edits if terms do not align with market standards or financial strategy.

EDIT

Reject if terms are ambiguous or overly burdensome.

ADD

Add terms if missing to prevent ambiguity and disputes.

PRO TIP

Regularly review and adjust interest terms to reflect current market conditions and financial strategies.

Example clauses

FAVORABLE

Preferred Interest Clause

"Interest shall accrue at a rate of [X]% per annum, calculated on a [daily/monthly] basis, with payments due on the [first/last] day of each month."
NEUTRAL

Standard Interest Clause

"Interest shall be calculated at a standard rate, with payments due monthly."
UNFAVORABLE

Ambiguous Interest Terms

"Interest terms shall be determined at a later date."

Fallbacks

Variable Interest Rates

Ensure alignment with index rates like LIBOR or SOFR. Adjust margins as necessary and include fallback provisions if the index is discontinued.

Cross-Border Transactions

Consider currency risk and jurisdictional differences in interest calculations. Consult with international finance experts if needed.

High-Risk Projects

Implement higher interest rates and stricter payment terms to mitigate increased risk.
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