By Jorg Jaeger at September 29 2018 09:36:13
Loan agreements, like any contract, reflect an "offer," the "acceptance of the offer," "consideration," and can only involve situations that are "legal" (a term loan agreement involving heroin drug sales is not "legal"). Loan agreements are documented via their commitment letters, agreements that reflect the understandings reached between the involved parties, a promissory note, and a collateral agreement (such as a mortgage or a personal guarantee). Loan agreements offered by regulated banks are different from those that are offered by finance companies in that banks receive a "banking charter" granted as a privilege and involving the "public trust."
To sum up, the loan agreement contains the terms and the conditions that are pointed out so that the borrower can draw out a loan. The terms and conditions are set by the lender, which can be a bank, or another type of financial institution. In fact, the loan represents a type of "facility" that is offered by the lender, and that is why the agreement on the conditions under which a loan can be taken out is also referred to as a facility agreement. The agreement comprises four sections.
The first section contains the terms that are to be used in the document and their definitions. The second section is concerned with the operational terms relevant to the agreement, which means that it points out the amount to be borrowed, the schedule of its repayment, and the interest on the repayment. The second section of the loan agreement is of special interest for the financial agents of the borrower.
The loan agreements originated by commercial banks, savings banks, finance companies, insurance organizations, and investment banks are very different from each other and all feed a different purpose. "Commercial banks" and "Savings banks," because they accept deposits and benefit from FDIC insurance, generate loans that incorporate the concepts of the "public trust." Prior to interstate banking, that "public trust" was easily measured by State bank regulators who could see how local deposits were used to fund the working capital needs of local industry and businesses, and the benefits associated with those organization's employment.