Model Credit Agreement Template for Canada

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Key Requirements PROMPT example:

Model Credit Agreement

"Need a Model Credit Agreement for a CAD 5 million bilateral term loan facility between Toronto-Dominion Bank and a mid-sized manufacturing company, with quarterly repayments starting March 2025 and standard security package including equipment and inventory."

Document background
The Model Credit Agreement serves as a standardized template for documenting credit facilities in Canada, incorporating essential provisions required by Canadian banking laws and regulations. This document is typically used when establishing new lending relationships or refinancing existing credit facilities, whether for bilateral arrangements between a single lender and borrower or for more complex syndicated facilities involving multiple lenders. It contains comprehensive provisions addressing loan facilities, security arrangements, covenants, and compliance requirements, while incorporating specific Canadian legal requirements such as those from the Bank Act, Interest Act, and provincial security legislation. The agreement is designed to be customizable based on the specific needs of the transaction while maintaining consistency with Canadian market practice and regulatory requirements.
Suggested Sections

1. Parties: Identification of the lender(s), borrower(s), and any guarantors

2. Background: Context of the credit facility and purpose of the loan

3. Definitions: Definitions of key terms used throughout the agreement

4. The Facility: Details of the credit facility including amount, purpose, and availability

5. Interest and Fees: Interest rates, calculation methods, fees, and payment terms

6. Drawdown: Conditions and procedures for drawing down the facility

7. Repayment: Terms and schedule for repayment of principal and interest

8. Representations and Warranties: Borrower's statements about its legal and financial condition

9. Covenants: Positive and negative obligations of the borrower during the term

10. Events of Default: Circumstances constituting default and consequences

11. Security: Description of collateral and security arrangements

12. Conditions Precedent: Conditions that must be satisfied before initial drawdown

13. Boilerplate Provisions: Standard legal provisions including notices, amendments, governing law

Optional Sections

1. Syndication Provisions: Required for syndicated loans involving multiple lenders

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

3. Currency Provisions: Required for multi-currency facilities

4. Increased Costs and Tax Gross-Up: Include for cross-border lending or when regulatory changes may affect costs

5. Market Disruption: Include for facilities with floating interest rates

6. Assignment and Transfer: Detailed provisions for when lender transferability is important

7. Accordion Feature: Include when facility may be increased under specified conditions

8. Environmental Compliance: Include for borrowers in environmentally sensitive industries

9. Inter-creditor Provisions: Required when multiple creditor groups are involved

Suggested Schedules

1. Schedule A - Drawdown Notice: Form of notice for requesting drawdowns

2. Schedule B - Repayment Schedule: Detailed amortization or repayment schedule

3. Schedule C - Security Documents: List and copies of all security documents

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

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

6. Schedule F - Permitted Liens: List of pre-approved security interests

7. Schedule G - Compliance Certificate: Form of periodic compliance certification

8. Schedule H - Existing Indebtedness: List of borrower's existing debt obligations

9. Appendix 1 - Lender Commitments: Breakdown of commitments for syndicated facilities

10. Appendix 2 - Forms of Transfer Documents: Standard forms for loan participation 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 and Financial Services

Commercial Real Estate

Manufacturing

Retail

Technology

Healthcare

Energy and Resources

Infrastructure

Agriculture

Transportation and Logistics

Telecommunications

Professional Services

Construction

Hospitality

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit

Corporate Secretariat

Banking Operations

Deal Advisory

Transaction Services

Relevant Roles

Chief Financial Officer

Treasury Manager

Finance Director

Legal Counsel

Corporate Lawyer

Banking Lawyer

Credit Manager

Risk Manager

Relationship Manager

Compliance Officer

Corporate Secretary

Financial Controller

Banking Operations Manager

Credit Analyst

Loan Officer

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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