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Credit Facilities Agreement
"I need a Credit Facilities Agreement for a AUD 50 million bilateral revolving facility between ABC Bank and XYZ Mining Company, with a term of 3 years starting from March 2025, secured against the company's assets and including both general corporate purpose and working capital uses."
1. Parties: Identifies all parties to the agreement including lender(s) and borrower(s)
2. Background: Sets out the context and purpose of the facility
3. Definitions and Interpretation: Comprehensive definitions of terms used in the agreement and interpretation rules
4. The Facility: Details of the credit facility including type, amount, purpose, and availability
5. Interest and Fees: Interest calculation, payment periods, default interest, and all applicable fees
6. Repayment and Prepayment: Terms for repayment, prepayment rights and conditions
7. Conditions Precedent: Conditions that must be satisfied before drawdown
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Undertakings: Positive and negative obligations of the borrower during the facility term
10. Events of Default: Circumstances constituting default and consequences
11. Changes to Parties: Rules regarding assignment, transfer, and novation
12. Administration: Operational aspects including payments, calculations, and notices
13. Governing Law and Enforcement: Choice of law, jurisdiction, and dispute resolution
14. Boilerplate Provisions: Standard clauses including severability, entire agreement, amendments
1. Syndication Provisions: Required for syndicated facilities, covering facility agent and security trustee roles
2. Security: Include when the facility is secured, detailing security arrangements and enforcement
3. Guarantees: Required when guarantors are party to the agreement
4. Market Disruption: Include for facilities with variable interest rates
5. Increased Costs and Tax Provisions: Detailed provisions for managing regulatory changes and tax implications
6. Multi-currency Provisions: Required for facilities available in multiple currencies
7. Accordion Feature: Optional provision allowing for future increase in facility limit
8. Letter of Credit Facility: Include if the facility includes letter of credit issuance
1. Facility Particulars: Detailed terms of each facility including limits, interest rates, and fees
2. Conditions Precedent Documents: List of required documents and conditions to be satisfied
3. Form of Drawdown Notice: Template for borrower to request drawings under the facility
4. Form of Compliance Certificate: Template for periodic compliance certification
5. Financial Covenants: Detailed financial covenants and calculations
6. Security Documents: List and/or copies of security documents
7. Repayment Schedule: Detailed repayment schedule if term facility
8. Form of Transfer Certificate: Template for transfer of participation
9. Form of Accession Deed: Template for new parties joining the agreement
10. Addresses for Notices: Contact details and addresses for all parties
Authors
Account Bank
Additional Lender
Affiliate
Agreement
Applicable Rate
Authorisation
Availability Period
Available Commitment
Bank Bill Rate
Banking Day
Base Rate
Borrower
Break Costs
Business Day
Commitment
Compliance Certificate
Conditions Precedent
Control
Default
Default Interest
Default Rate
Drawdown Date
Drawdown Notice
EBITDA
Encumbrance
Event of Default
Facility
Facility Agent
Facility Limit
Facility Office
Finance Document
Finance Party
Financial Close
Financial Indebtedness
Financial Statements
Financial Year
Group
Guarantee
Guarantor
Holding Company
Increased Costs
Interest Payment Date
Interest Period
Interest Rate
Lender
Margin
Material Adverse Effect
Obligor
Original Financial Statements
Participating Member State
Party
Permitted Encumbrance
Potential Event of Default
PPSA
Quotation Day
Reference Banks
Reference Rate
Related Corporation
Relevant Jurisdiction
Repayment Date
Repeating Representations
Representative
Screen Rate
Security
Security Document
Security Interest
Security Provider
Security Trustee
Subsidiary
Tax
Total Commitments
Transaction Document
Transfer Certificate
Utilisation
Utilisation Date
Utilisation Request
Definitions
Facility Terms
Purpose
Availability
Conditions Precedent
Drawdown
Interest
Market Disruption
Fees
Tax Gross-up
Increased Costs
Repayment
Prepayment
Cancellation
Interest Periods
Changes in Calculation
Payments
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Negative Pledge
Events of Default
Security
Guarantee
Set-off
Assignment and Transfer
Changes to Parties
Agency
Costs and Expenses
Indemnities
Notices
Calculations
Partial Invalidity
Remedies and Waivers
Amendments
Counterparts
Confidentiality
PPSA Provisions
Anti-Money Laundering
Privacy
Governing Law
Enforcement
Jurisdiction
Service of Process
Banking and Financial Services
Real Estate and Property
Infrastructure and Construction
Manufacturing
Retail and Consumer
Mining and Resources
Agriculture
Healthcare
Technology
Transportation and Logistics
Education
Professional Services
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit Administration
Operations
Company Secretariat
Executive Management
Chief Financial Officer
Finance Director
Treasury Manager
Financial Controller
Corporate Lawyer
Legal Counsel
Relationship Manager
Credit Manager
Risk Manager
Compliance Officer
Company Secretary
Banking Executive
Loan Officer
Director of Operations
Chief Executive Officer
Corporate Banking Manager
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