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Rehabilitation Loan Agreement Template for Philippines

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Key Requirements PROMPT example:

Rehabilitation Loan Agreement

"I need a Rehabilitation Loan Agreement for a manufacturing company in Manila, with a PHP 50 million facility to finance equipment upgrade and working capital, to be disbursed in three tranches starting March 2025, with specific provisions for existing creditor arrangements and machinery as collateral."

Document background
The Rehabilitation Loan Agreement is a crucial financial instrument used in the Philippine corporate restructuring landscape when a company under rehabilitation requires fresh capital to support its recovery plan. This document type becomes relevant when a distressed company has obtained court approval for rehabilitation under the Financial Rehabilitation and Insolvency Act (FRIA) and requires additional funding to implement its rehabilitation plan. The agreement must carefully balance the lender's security interests with the existing rights of other creditors and the overall rehabilitation objectives. It includes specific provisions for court oversight, rehabilitation plan compliance, and creditor priorities, while incorporating standard loan agreement elements such as disbursement conditions, repayment terms, and security arrangements. The document is particularly important in the Philippine context as it must comply with both banking regulations and rehabilitation law requirements.
Suggested Sections

1. Parties: Identification of the Lender and the Borrower (the company under rehabilitation)

2. Background: Context of the rehabilitation proceedings, court orders/approvals, and purpose of the loan

3. Definitions: Definitions of terms used throughout the agreement, including rehabilitation-specific terminology

4. Loan Amount and Purpose: Specification of the loan amount and its intended use in the rehabilitation process

5. Conditions Precedent: Prerequisites that must be met before the loan becomes effective, including court approvals

6. Disbursement: Terms and procedures for disbursement of the loan, including any tranches

7. Interest and Fees: Interest rate, calculation method, and any applicable fees

8. Repayment Terms: Schedule and methods of repayment, considering the rehabilitation plan timeline

9. Security and Collateral: Assets or guarantees securing the loan, subject to rehabilitation proceedings

10. Representations and Warranties: Statements of fact by the borrower about its condition and rehabilitation status

11. Covenants: Ongoing obligations of the borrower, including rehabilitation plan compliance

12. Events of Default: Circumstances that constitute default, considering rehabilitation context

13. Remedies: Lender's rights upon default, subject to rehabilitation proceedings

14. Governing Law and Jurisdiction: Philippine law governance and court jurisdiction specifications

Optional Sections

1. Rehabilitation Plan Integration: Detailed section aligning loan terms with the rehabilitation plan - used when loan is part of a broader rehabilitation strategy

2. Creditor Rankings: Specification of loan priority among other creditors - used when there are multiple creditors involved

3. Business Monitoring: Provisions for monitoring borrower's business performance - used for larger loans or complex rehabilitation cases

4. Technical Assistance: Terms for any technical support provided by lender - used when lender offers business support

5. Employee-Related Provisions: Specific terms related to employee obligations - used when rehabilitation affects employment terms

6. Asset Disposal Restrictions: Limitations on asset sales - used when specific assets are crucial to rehabilitation

7. Debt-to-Equity Conversion: Terms for converting debt to equity - used when part of rehabilitation strategy

Suggested Schedules

1. Schedule 1 - Rehabilitation Plan Summary: Key elements of the approved rehabilitation plan

2. Schedule 2 - Disbursement Schedule: Detailed timeline and conditions for loan disbursements

3. Schedule 3 - Repayment Schedule: Detailed repayment timeline aligned with rehabilitation plan

4. Schedule 4 - Security Details: Comprehensive list and description of collateral and security arrangements

5. Schedule 5 - Financial Covenants: Specific financial ratios and targets to be maintained

6. Schedule 6 - Required Consents: List of regulatory and court approvals obtained or required

7. Appendix A - Form of Disbursement Request: Standard form for requesting loan disbursements

8. Appendix B - Compliance Certificate: Template for periodic compliance certification

9. Appendix C - Financial Reporting Templates: Standard formats for required financial reports

Authors

Alex Denne

Head of Growth (Open Source Law) @ 抖阴短视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















































Clauses












































Relevant Industries

Banking and Financial Services

Manufacturing

Real Estate and Construction

Retail and Consumer Goods

Transportation and Logistics

Energy and Utilities

Healthcare

Technology and Communications

Hospitality and Tourism

Agriculture and Food Processing

Mining and Natural Resources

Relevant Teams

Legal

Credit Risk

Corporate Banking

Special Assets and Restructuring

Compliance

Corporate Finance

Business Recovery

Treasury

Risk Management

Operations

Financial Control

Relevant Roles

Chief Financial Officer

Corporate Recovery Manager

Risk Management Officer

Legal Counsel

Rehabilitation Receiver

Credit Risk Manager

Corporate Banking Officer

Restructuring Specialist

Compliance Officer

Business Recovery Director

Special Assets Manager

Corporate Finance Manager

Loan Officer

Insolvency Practitioner

Financial Controller

Treasury Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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