Letter of Commitment

A document distributed before the loan agreement that will be signed if the terms are acceptable to both parties

Author: Kevin Henderson
Kevin Henderson
Kevin Henderson
Private Equity | Corporate Finance

Kevin is currently the Head of Execution and a Vice President at Ion Pacific, a merchant bank and asset manager based Hong Kong that invests in the technology sector globally. Prior to joining Ion Pacific, Kevin was a Vice President at Accordion Partners, a consulting firm that works with management teams at portfolio companies of leading private equity firms.

Previously, he was an Associate in the Power, Energy, and Infrastructure Investment Banking group at Lazard in New York where he completed numerous M&A transactions and advised corporate clients on a range of financial and strategic issues. Kevin began his career in corporate finance roles at Enbridge Inc. in Canada. During his time at Enbridge Kevin worked across the finance function gaining experience in treasury, corporate planning, and investor relations.

Kevin holds an MBA from Harvard Business School, a Bachelor of Commerce Degree from Queen's University and is a CFA Charterholder.

Reviewed By: Austin Anderson
Austin Anderson
Austin Anderson
Consulting | Data Analysis

Austin has been working with Ernst & Young for over four years, starting as a senior consultant before being promoted to a manager. At EY, he focuses on strategy, process and operations improvement, and business transformation consulting services focused on health provider, payer, and public health organizations. Austin specializes in the health industry but supports clients across multiple industries.

Austin has a Bachelor of Science in Engineering and a Masters of Business Administration in Strategy, Management and Organization, both from the University of Michigan.

Last Updated:September 22, 2023

What Is A Letter Of Commitment?

A lender will provide a loan applicant with a commitment letter. It is a formal, official, and legally binding document.

The letter's content affirms that the lender will grant the applicant a loan and details the loan's specific terms and conditions, including the interest rate.

The purpose of the commitment letter is to notify the borrower that their loan application has been approved and they now have access to their funds.

However, this availability is subject to several terms and conditions, and the loan will be canceled if these conditions are not met. For example, it may include the bank's willingness to offer a certain amount, which may be less than the applicant requested. 

The letter makes explicit reference to the interest rate and repayment terms. In addition, the penalty for non-payment, the interest assessed for non-payment, and other potential bank actions are occasionally explained. 

Put another way, it is a formal record of what the lender can offer, and it is up to the applicant to choose whether or not to accept the offer. 

Key Takeaways

  • A commitment letter is an official agreement between a lender and a borrower.
  • The letter's body states that the lender will approve the borrower for a loan and provides information on the loan's terms and conditions, including the interest rate.
  • The duration of a commitment letter is usually mentioned in the document.
  • A commitment letter's main objective is to inform the borrower that their application form has been accepted and they can now access their funds.
  • A company may offer a letter of commitment rather than a job if it finds a candidate it wants to hire but still needs to find them a task to complete or a position to fill.

Understanding Letter of Commitment

The commitment letter is not the loan contract itself but a preamble to the loan agreement that will be signed if the terms are acceptable to both parties. Therefore, the applicant is not pressured to accept the loan after receiving a commitment letter. 

A borrower may speak with various banks to obtain the best loan conditions. As a result, a person could possess multiple commitment letters from various organizations. 

The applicant will likely choose the best offer and notify the other organizations about the decision. However, it is optional to reveal which lender was ultimately selected.

Any expenses incurred during administrative and due diligence steps before the loan is approved detailed in a commitment letter.

Note

The number of attorney fees, any costs incurred in preparing the loan documents, the loan amount, interest rate, repayment terms and duration, collateral, and closing conditions are all described in the commitment letter.

However, the borrower must adhere to the lending institution's precise terms and conditions to access the funds. The borrower must sign the contract if they agree to the loan's terms and conditions. 

The borrower's request for a loan will be declined or withdrawn if they refuse to accept the terms.

The sum could be less than what the borrower asked for or more. Although it is not the loan contract, the loan commitment serves as the formal record of the loan processing. 

After agreeing to the loan terms, the borrower and lender sign the existing loan agreement to disburse the funds.

The borrower can use the letter of commitment to demonstrate to potential investors that they have a credit line available to purchase an asset. 

It inspires confidence in the interested parties that the borrower will keep his word and buy the asset before a predetermined period expires. 

For instance, a person may show the owner the commitment letter to ensure they have the money necessary to complete the sale when applying for mortgage lending from a bank. 

Note

The borrower's ability to complete the transaction within the predetermined time frame gives the property owner confidence. In addition, the letter of commitment assures that a payment can be primarily funded up to a limit specified by the bank.

How to Get a Letter of Commitment?

Before receiving the commitment letter, borrowers must complete several steps. The first step is approaching several lenders to discuss the loan application. 

Based on the information they are given, lenders estimate how much the borrower can afford to pay in interest. The borrower also discusses their income, possessions, and previous credit history with the lender to demonstrate their ability to repay the loan.

Finally, the borrower starts the loan application process if the lender is pleased with their financial situation. The borrower will start by doing the following:

1. The loan application form

The loan process begins with this step. The borrower provides personal data, including address, current income, current assets and debts, requested loan amount, and social security number.

2. Permit access to credit reports

The borrower gives the lender permission to view their credit report. Then, to decide whether to advance credit, the lender requests the borrower's credit report to review their credit payment history and current credit standing. 

For some loans to be approved, borrowers must obtain a specific minimum credit score.

3. Deliver financial records

In addition, the borrower must provide the lender with financial records like pay stubs, tax returns, and evidence of asset ownership. 

The lender may demand financial records for a certain period, depending on the lending institution and the amount of loan requested. Then, the lender examines these documents to determine whether the borrower is eligible for the loan. 

The lender will offer a pre-approval letter before the letter of commitment, where the loan is used as a mortgage to buy a home. 

The lender will submit the borrower's file for review by the underwriter as the borrower uses the pre-approval letter. Then, realtors will accept bids and sales contracts from the borrower.

Note

The borrower must submit all requested verification documents, an appraisal of the property they wish to purchase, and a sales contract signed by all parties involved in the transaction for the lender to provide the commitment letter. 

The approved loan amount and the conditions the borrower must satisfy before signing the ultimate loan agreement are stated in the commitment letter.

Consider these suggestions when creating or reviewing a commitment letter: 

  • Use a header, a formal salutation, and a complimentary close when writing a business letter. 
  • Name the parties involved and the overall objective of the agreement in the letter's introduction or first paragraph. 
  • Include as many details as possible to prevent misunderstandings, confusion, or unintentional contract violations. 
  • Include the terms both parties have agreed to and refrain from amending or introducing additional terms. 
  • Indicate whether the individual can acknowledge employment elsewhere before an event (such as a company launching a major project).
  • Balance the conditions in the letter for the employer’s and the individual’s benefits.
  • Include any deadlines or circumstances that could formally terminate the agreement.

What Is an Employment Commitment Letter?

A letter of commitment may be given in place of a job offer if a company finds a candidate they want to hire but needs a project to work on or a position for them to fill. 

Under the terms outlined in the letter, the employer consents to hire that person. Before deciding whether to sign and accept the terms of a commitment letter for employment, individuals should be aware of what it means.

​​A letter of commitment for employment is a formal document that states a firm's intention to hire an individual when the time is right.

The letter outlines the conditions under which the company must hire the applicant. Important clauses like payment, duration of employment, and conditions like passing a background check could also be included. 

The employer and the employee sign the letter after agreeing to its terms. Once both parties have signed the employment commitment letter, they are bound by the terms of the agreement.

For instance, a marketing agency might promise in a commitment letter to secure a sizable marketing service contract within the following year by hiring their popular local camera crew to handle all the photography.

The photographer promises in the letter that they will be willing to work for the organization if awarded a significant contract. While negotiating a job offer, employers may present the letter. 

They draft a letter outlining the specifics of the job offer that were agreed upon, such as the pay, benefits, or bonuses. By signing the letter, the employee accepts the job offer made by the company on the predetermined terms and salary.

commitment letter Vs. intent letter

Similar agreements exist between an employer and a potential employee in letters of intent and commitment. Still, letters of commitment are much more formal and legally binding.

The ways two varieties of letters differ can be found in the table below:

Commitment Letter Vs. Intent Letter
Differences Commitment Letter Intent Letter
Objective Formal agreement used to inform and bind another party to specific terms and conditions. A non-binding agreement passed by a firm used as a tool to negotiate with another party.
Legal Repercussions A signed letter has legal weight, and the other party may sue upon contract violation. No legal weight.
Structure Every requirement and obligation is explained in depth, along with punishments if they are broken. Include both parties' signatures and a notarized signature. A broad description of agreement terms and obligations, less formal than a commitment letter.
Timespan Valid for a specified period or until a project is finished. The expiry date is clearly defined in the terms. Is mainly only valid for a brief period of around 30 days.

Researched & Authored by Laiba Kamran Shamsi | Linkedin

Reviewed and edited by Parul Gupta LinkedIn

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