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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.
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 third section is dedicated to the specifics of the loan transaction; it contains the responsibilities of the borrower and the lender, the measures to be undertaken in the event of the borrower's inability to repay the loan; there is also information on the extent to which changes can be made to the agreement. The third section is drawn up after detailed negotiations between the lender and 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.