The Loan Agreement
The loan agreement provides a legal contract between the borrower and the bank. It spells out in detail the terms of the loan. This normally specifies the amount(s) to be drawn down, the interest rate that will be charged and sets out a schedule of the dates when interest payments and principal repayments are due. It will also contain a detailed breakdown of any fees to be paid and penalties that the bank may charge for minor transgressions such as late or missed payments. For secured loans it will also include details of the collateral being pledged by the borrower. Most agreements also contain clauses indemnifying the bank against potential liabilities arising from specified events.
If the loan is a floating rate loan the loan agreement will specify the underlying benchmark rate, the margin over that benchmark, the conditions under which the rate charged to the customer will be changed and the notice to be given when such a change is made.
The bank will try to ensure that the loan agreement covers all possible eventualities. If the value of the collateral pledged falls below a certain level the agreement may require the borrower to provide additional collateral to restore the original value.
In countries such as the US where litigation is a constant potential threat it is important that the agreement states clearly any risks arising out of taking out the loan.