By Gaston Laisne at September 27 2018 13:03:47
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.
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."
Prior to entering into a loan agreement, the "borrower" first makes representations about his affairs surrounding his character, creditworthiness, cashflow, and any collateral that he may have available to pledge as security for a loan. These representations are taken into consideration and the lender then determines under what conditions (terms), if any, they are prepared to advance money.
"Insurance" organizations, who collect premiums for providing either life or property/casualty coverage, created their own types of loan agreements. "Banks" and "Insurance" organizations loan agreements and documentation standards evolved from their individual cultures and were governed by policies that somehow addressed each organizations liabilities (In the case of "banks," the liquidity needs of their depositors; in the case of insurance organizations, the liquidity needs associated with their expected "claims" payments).
Besides a standard loan for which a loan agreement is drawn up, there is another popular type of loan, the demand loan. That is a short term loan, with a period of repayment for up to 180 days. The date for the repayment of the loan is not fixed, and the interest rate for it is a floating one. The demand loan offers advantages for both borrowers and lenders. The lender can demand the repayment of the loan at any time, and on the other hand, the borrower does not need to adhere to a repayment in installments, as the repayment should be made for the entire amount. Furthermore, demand loans are easier to qualify for.