The Loan Agreement Between Lender And Borrower is a fundamental financial document used in Indonesian lending transactions, essential for both institutional and private lending arrangements. It serves as the primary contract governing the lending relationship, incorporating requirements under Indonesian law including the Civil Code (KUH Perdata), Financial Services Authority (OJK) regulations, and Bank Indonesia rules. The agreement is typically used when establishing new lending relationships, refinancing existing loans, or documenting specific-purpose financing arrangements. It must include mandatory provisions required by Indonesian law, such as Indonesian language requirements under Law No. 24 of 2009, and should address both general lending principles and jurisdiction-specific requirements for enforcement and security.
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1. Parties: Identification of the Lender and Borrower with complete legal names and addresses
2. Background: Context of the loan arrangement and relationship between parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, currency, and intended purpose
5. Interest Rate: Details of interest rate, calculation method, and payment frequency
6. Repayment Terms: Schedule of repayments, payment methods, and prepayment provisions
7. Conditions Precedent: Conditions that must be satisfied before loan disbursement
8. Representations and Warranties: Statements of fact and assurances from the Borrower
9. Covenants: Ongoing obligations of the Borrower during the loan term
10. Events of Default: Circumstances constituting default and consequences
11. Remedies: Lender's rights and remedies upon default
12. Notices: Process for formal communications between parties
13. Governing Law: Specification of Indonesian law as governing law
14. Dispute Resolution: Procedures for resolving disputes, including jurisdiction
15. General Provisions: Standard boilerplate clauses including amendments, assignments, and severability
1. Security: Required if the loan is secured - details of collateral and security arrangements
2. Guarantees: Required if there is a guarantor - terms of guarantee and guarantor obligations
3. Insurance: Required if specific insurance is mandatory - insurance requirements for secured assets
4. Special Drawdown Provisions: Required for multiple disbursement loans - conditions and procedures for drawdown
5. Currency Provisions: Required for non-Rupiah loans - currency conversion and exchange rate provisions
6. Tax Provisions: Required if tax arrangements are complex - detailed tax treatment and withholding requirements
7. Regulatory Compliance: Required for regulated borrowers - specific compliance requirements
8. Agent Provisions: Required for syndicated loans - role and responsibilities of facility agent
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Security Details: Detailed description of security assets and registration requirements
3. Conditions Precedent Documents: List of required documents and conditions for loan disbursement
4. Drawdown Notice Form: Template for requesting loan disbursement
5. Compliance Certificate: Template for periodic compliance certification
6. Key Financial Covenants: Detailed financial ratios and reporting requirements
7. Permitted Security Interests: List of pre-approved security interests and encumbrances
8. Standard Forms: Templates for notices, certificates, and other standard communications
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Real Estate
Manufacturing
Construction
Agriculture
Mining
Retail
Technology
Infrastructure
Transportation
Healthcare
Education
Hospitality
Energy
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit Analysis
Loan Administration
Corporate Secretarial
Business Development
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Compliance Officer
Credit Risk Manager
Loan Officer
Corporate Banking Manager
Financial Controller
Credit Analyst
Relationship Manager
Legal Director
Risk Manager
Financial Analyst
Corporate Secretary
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