Inter Credit Agreement Template for Canada

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Key Requirements PROMPT example:

Inter Credit Agreement

"I need an Inter Credit Agreement for a syndicated loan facility where ABC Bank acts as primary lender alongside three secondary lenders, providing a total facility of CAD 150M to a mining company, with the agreement to be effective from March 1, 2025."

Document background
The Inter Credit Agreement serves as a fundamental document in complex financing arrangements where multiple lenders are involved in providing credit facilities to a single borrower or group of borrowers. This agreement type is particularly crucial in syndicated lending, project finance, and large corporate financing transactions within the Canadian market. It establishes the framework for how different classes of debt and security interests will be managed, including payment priorities, enforcement rights, and decision-making processes. The document ensures compliance with Canadian federal banking regulations and provincial security laws, while providing clarity on the relationships between various creditors. The Inter Credit Agreement becomes especially important in scenarios involving different types of debt (such as senior and subordinated debt) or multiple security interests, where clear rules for priority and enforcement are essential.
Suggested Sections

1. Parties: Identification of all parties to the agreement including lenders, borrowers, and any agents

2. Background: Context of the agreement and relationship between the parties

3. Definitions and Interpretation: Comprehensive definitions of terms used and rules of interpretation

4. The Facilities: Details of credit facilities, amounts, and purpose

5. Conditions Precedent: Conditions that must be satisfied before drawdown

6. Drawdown Procedures: Process and requirements for drawing down the credit facilities

7. Interest and Fees: Interest rates, calculation methods, and all applicable fees

8. Repayment and Prepayment: Terms for scheduled repayments and voluntary prepayments

9. Representations and Warranties: Statements of fact and assurances given by the borrower

10. Covenants: Ongoing obligations of the borrower including financial covenants

11. Events of Default: Circumstances constituting default and consequences

12. Changes to Parties: Rules for assignments and transfers

13. Administration: Administrative provisions including notices and calculations

14. Governing Law and Jurisdiction: Choice of law and jurisdiction for disputes

Optional Sections

1. Security: Required if the credit facility is secured, detailing security arrangements and enforcement

2. Guarantee: Include when third-party guarantees are part of the credit structure

3. Multicurrency Provisions: Required for facilities available in multiple currencies

4. Syndication Provisions: Include for syndicated facilities with multiple lenders

5. Increased Costs and Tax Gross-Up: Include for cross-border transactions or when tax implications are significant

6. Market Disruption: Include when using floating interest rates to address market disruption scenarios

7. Subordination: Required when there are multiple creditors with different priorities

8. Agent Provisions: Include when a facility agent or security agent is appointed

Suggested Schedules

1. Schedule 1 - Lender Commitments: Details of each lender's commitment amount

2. Schedule 2 - Conditions Precedent Documents: List of required documents and conditions

3. Schedule 3 - Drawdown Request Form: Standard form for requesting drawdowns

4. Schedule 4 - Calculation of Interest: Detailed interest calculation methodology

5. Schedule 5 - Form of Transfer Certificate: Standard form for transferring interests in the facility

6. Schedule 6 - Financial Covenants Calculations: Detailed methodology for calculating financial covenants

7. Schedule 7 - Security Documents: List and copies of security documents

8. Schedule 8 - Repayment Schedule: Detailed schedule of repayment dates and amounts

9. Appendix A - Notice Details: Contact information and notice requirements for all parties

10. Appendix B - Banking Details: Account details for payments and transfers

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Banking

Financial Services

Corporate Finance

Investment Banking

Commercial Lending

Private Equity

Asset Management

Infrastructure

Real Estate

Manufacturing

Energy

Mining

Technology

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Banking

Credit Administration

Loan Operations

Transaction Management

Syndications

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Legal Counsel

Corporate Lawyer

Banking Lawyer

Credit Manager

Risk Manager

Compliance Officer

Transaction Manager

Debt Finance Manager

Senior Loan Officer

Corporate Banking Manager

Syndications Manager

Financial Controller

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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