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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."
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
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
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
Account Bank
Additional Creditor
Additional Debt
Affiliate
Agent
Applicable Law
Assignment
Authorisation
Banking Day
Borrower
Business Day
Canadian Dollar
Commitment
Common Security
Compliance Certificate
Creditor
Creditor Representative
Default
Default Notice
Delegate
Discharge Date
Disruption Event
Distribution
Enforcement Action
Enforcement Date
Event of Default
Facility
Facility Agreement
Finance Document
Finance Party
Financial Indebtedness
Guarantor
Hedge Counterparty
Hedging Agreement
Holding Company
Insolvency Event
Insolvency Proceedings
Intercreditor Agreement
Interest Period
Junior Creditor
Junior Debt
Liabilities
Lender
Loan
Majority Lenders
Material Adverse Effect
New Creditor
Notice
Obligor
Payment Date
Permitted Payment
Primary Creditor
Principal Agreement
Priority
Proceeds
Qualifying Senior Creditor
Receiver
Recovered Amount
Recovery
Secured Obligations
Secured Party
Security
Security Agent
Security Document
Security Interest
Security Property
Security Trust
Senior Creditor
Senior Debt
Subordinated Creditor
Subordinated Debt
Subsidiary
Tax
Transaction Security
Transfer
Trust Property
Voting Rights
Interpretation
Definitions
Purpose
Ranking and Priority
Payment Provisions
Payment Blockage
Turnover of Receipts
Security and Guarantees
Enforcement of Security
Application of Proceeds
Standstill Provisions
Notifications of Defaults
Buy-out Rights
Redistribution
Sharing of Information
Payment Mechanics
Decision Making
Amendments and Waivers
Changes to Parties
Costs and Expenses
Indemnities
Calculation and Distribution of Proceeds
New Debt
Subordination
Authority of Agents
Notices
Governing Law
Jurisdiction
Dispute Resolution
Confidentiality
Assignment and Transfer
Third Party Rights
Counterparts
Severability
Entire Agreement
Force Majeure
Representations and Warranties
Undertakings
Events of Default
Remedies
Set-off Rights
Currency Provisions
Tax Provisions
Financial Calculations
Voting Rights
Consents and Waivers
Accession Provisions
Banking
Financial Services
Corporate Finance
Investment Banking
Commercial Lending
Private Equity
Asset Management
Infrastructure
Real Estate
Manufacturing
Energy
Mining
Technology
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Banking
Credit Administration
Loan Operations
Transaction Management
Syndications
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
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