8
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.
Payment & Drawdown Terms
Negotiation strategy
Ensure that the drawdown procedures are clearly defined to avoid any ambiguity. Negotiate for favorable interest calculation methods and robust fallback mechanisms to protect against market fluctuations.
Negotiate for flexible payment schedules and clear notice periods to manage cash flow effectively. Ensure that default interest rates are reasonable and fallback mechanisms are fair.
Essential elements
1
Drawdown Procedure
Steps for fund disbursement.
2
Payment Dates
Schedule for principal and interest payments.
3
Interest Calculation
Method for calculating interest.
Action framework
ACCEPT
Propose edits if payment terms are unclear or interest calculations are unfavorable.
EDIT
Reject clauses that impose unreasonable default interest rates or lack clear fallback mechanisms.
ADD
Add clauses for detailed drawdown procedures and fallback mechanisms if missing.
PRO TIP
Always ensure that fallback mechanisms are clearly defined to avoid disputes in case of index unavailability.
Real-world examples
FAVORABLE
Preferred Drawdown Procedure
"The Borrower shall provide the Lender with a Drawdown Notice at least five (5) Business Days prior to the proposed Drawdown Date. The Drawdown Notice shall specify the amount of the Drawdown, the proposed Drawdown Date, and the account to which the funds should be disbursed. The Lender shall disburse the funds on the Drawdown Date, provided all conditions precedent have been satisfied."
NEUTRAL
Standard Payment Dates
"Payments of principal and interest shall be made on the last Business Day of each calendar month. If any payment date falls on a day that is not a Business Day, such payment shall be made on the next succeeding Business Day."
UNFAVORABLE
Unclear Interest Calculation
"Interest shall be calculated based on the lender's discretion without a defined method."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, ensure that payment terms are more stringent to mitigate potential financial exposure.
Variable Interest Rates
For loans with variable interest rates, include detailed clauses on how rate changes are communicated and applied.
Cross-Border Transactions
In cross-border transactions, consider currency fluctuation risks and include appropriate hedging clauses.
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WEEK 1
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WEEK 2
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WEEK 3
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WEEK 4
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