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.
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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