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Facility Agreement Loan
"I need a Facility Agreement Loan for a secured bilateral facility of AUD 5 million to a manufacturing company in Victoria, with the facility to be drawn down by March 2025 and secured against company assets and director guarantees."
1. Parties: Identification of the lender(s) and borrower(s)
2. Background: Context of the facility agreement and purpose of the loan
3. Definitions and Interpretation: Defined terms, rules of interpretation, and currency conventions
4. The Facility: Key terms including facility amount, purpose, availability period, and drawdown conditions
5. Interest: Interest rate, calculation methods, payment periods, and default interest provisions
6. Repayment: Repayment terms, prepayment provisions, and payment mechanics
7. Representations and Warranties: Borrower's confirmations regarding their status, capacity, and circumstances
8. Undertakings: Positive and negative obligations of the borrower during the facility term
9. Events of Default: Circumstances constituting default and consequences
10. Changes to Parties: Assignment and transfer provisions
11. Administration: Operational aspects including calculations, notices, and banking arrangements
12. Governing Law and Enforcement: Choice of law, jurisdiction, and dispute resolution provisions
13. General Provisions: Boilerplate clauses including severability, amendments, and entire agreement
1. Security: Required when the facility is secured - details security arrangements and enforcement rights
2. Guarantees: Include when there are guarantors - specifies guarantee obligations and guarantor provisions
3. Agent and Security Trustee: Required for syndicated facilities with multiple lenders
4. Market Disruption: Include for facilities with variable interest rates to address market disruption events
5. Increased Costs and Tax Provisions: Detailed provisions for commercial lenders or cross-border transactions
6. Special Drawing Conditions: For facilities with specific drawing requirements or conditions
7. Financial Covenants: Include for corporate borrowers or when financial metrics need to be maintained
8. Review Events: Include when periodic review of facility terms is required
1. Facility Particulars: Detailed facility terms including amounts, interest rates, and fees
2. Conditions Precedent: List of required documents and conditions for facility effectiveness and drawdown
3. Form of Drawdown Notice: Template for borrower to request loan disbursements
4. Form of Compliance Certificate: Template for periodic confirmation of compliance with facility terms
5. Repayment Schedule: Detailed schedule of repayment dates and amounts
6. Security Details: List and details of security assets and documents
7. Permitted Security Interests: List of security interests allowed under the facility
8. Form of Transfer Certificate: Template for transferring facility participation
9. Form of Accession Deed: Template for new parties joining the facility agreement
10. Financial Covenants Calculations: Detailed methods for calculating financial covenants
Authors
Availability Period
Business Day
Commitment
Compliance Certificate
Default
Default Interest
Drawdown
Drawdown Date
Drawdown Notice
Event of Default
Facility
Facility Amount
Facility Documents
Finance Documents
Financial Indebtedness
Financial Statements
Financial Year
Governmental Agency
Group
Guarantee
Interest Payment Date
Interest Period
Interest Rate
Legal Opinion
Loan
Material Adverse Effect
Permitted Security Interest
Potential Event of Default
Principal Outstanding
Reference Banks
Repayment Date
Repayment Schedule
Review Date
Review Event
Secured Property
Security
Security Documents
Security Interest
Security Provider
Security Trust
Security Trust Deed
Subsidiary
Tax
Transaction Documents
Transfer Certificate
Undertaking
Unpaid Sum
Verification Certificate
Definitions
Facility Terms
Purpose
Availability
Conditions Precedent
Drawdown
Interest
Interest Periods
Market Disruption
Tax Gross Up
Increased Costs
Repayment
Prepayment
Cancellation
Representations
Warranties
Financial Covenants
General Undertakings
Information Undertakings
Security
Guarantee
Events of Default
Review Events
Changes to Parties
Assignment
Transfer
Agency
Payment Mechanics
Set-off
Notices
Calculations
Amendments
Waiver
Confidentiality
Privacy
Governing Law
Jurisdiction
Service of Process
Entire Agreement
Severability
Force Majeure
Counterparts
Banking and Financial Services
Real Estate
Manufacturing
Retail
Mining and Resources
Infrastructure
Healthcare
Technology
Agriculture
Construction
Transportation and Logistics
Education
Professional Services
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Corporate Banking
Loan Administration
Company Secretariat
Executive Management
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Relationship Manager
Credit Manager
Risk Officer
Compliance Officer
Financial Controller
Banking Executive
Loan Officer
Company Secretary
Managing Director
Finance Manager
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