Credit Facilities Agreement Template for Switzerland

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Key Requirements PROMPT example:

Credit Facilities Agreement

"I need a Swiss law Credit Facilities Agreement for a CHF 5 million bilateral term loan between UBS AG as lender and our manufacturing company as borrower, with a 3-year term and quarterly repayments starting March 2025."

Document background
The Credit Facilities Agreement is a fundamental financing document used when a lender provides credit facilities to a borrower under Swiss law. This agreement is essential for various financing purposes, including working capital, acquisition financing, project finance, or general corporate purposes. It meticulously details the credit arrangement, including facility limits, drawdown mechanics, interest calculations, repayment terms, and security requirements. The document must comply with Swiss banking regulations, the Federal Act on Banks and Savings Banks, and the Swiss Code of Obligations, making it particularly suitable for transactions involving Swiss financial institutions or parties seeking the renowned stability of the Swiss legal system. The agreement typically includes robust protections for lenders while ensuring fair and transparent terms for borrowers, reflecting Switzerland's sophisticated financial services environment.
Suggested Sections

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

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

3. Definitions and Interpretation: Definitions of terms used throughout the agreement and interpretation rules

4. The Facilities: Details of the credit facilities being provided, including types, amounts, and purpose

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

6. Utilisation: Process and requirements for drawing down the facilities

7. Interest: Interest rates, calculation methods, and payment provisions

8. Repayment: Terms and schedule for repayment of the facilities

9. Prepayment and Cancellation: Provisions for voluntary and mandatory prepayment and facility cancellation

10. Representations: Borrower's representations and warranties

11. Information Undertakings: Obligations to provide financial and other information

12. General Undertakings: General covenants and obligations of the borrower

13. Events of Default: Circumstances constituting default and consequences

14. Changes to Parties: Provisions for transfers, assignments, and changes to parties

15. Administration: Administrative provisions including payments, calculations, and notices

16. Governing Law and Jurisdiction: Swiss law as governing law and jurisdiction provisions

Optional Sections

1. Security: Required if the facility is secured - details of security arrangements and enforcement rights

2. Guarantee: Required if there are guarantors - terms of guarantee and guarantor obligations

3. Financial Covenants: Include for corporate borrowers - specific financial metrics and ratios to be maintained

4. Syndication Provisions: Required for syndicated facilities - roles of facility agent and security trustee

5. Multiple Currencies: Required for multi-currency facilities - currency conversion and availability provisions

6. Increased Costs and Tax Gross-Up: Include for sophisticated transactions - provisions for regulatory changes and tax implications

7. Market Disruption: Include for LIBOR/SARON based facilities - provisions for market disruption events

8. Accordion Feature: Optional facility increase mechanisms - terms for increasing facility amount

Suggested Schedules

1. Conditions Precedent Documents: List of required documents and conditions to be satisfied before first utilization

2. Form of Utilisation Request: Standard form for requesting drawdown of facilities

3. Form of Transfer Certificate: Standard form for transfers between lenders

4. Repayment Schedule: Detailed schedule of repayment dates and amounts

5. Form of Compliance Certificate: Template for periodic compliance certification

6. Security Documents: Forms of security documents and perfection requirements

7. Existing Security and Financial Indebtedness: List of permitted existing security and debt

8. Form of Accession Deed: Standard form for new parties joining the agreement

9. Form of Resignation Letter: Standard form for parties exiting the agreement

10. Financial Covenant Calculations: Detailed methodology for calculating financial covenants

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

Real Estate

Manufacturing

Technology

Healthcare

Infrastructure

Energy

Retail

Hospitality

Transportation

Construction

Agriculture

Telecommunications

Professional Services

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Banking

Transaction Banking

Commercial Banking

Risk Management

Corporate Finance

Operations

Documentation

Relationship Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Banking Relationship Manager

Credit Officer

Risk Manager

Compliance Officer

Corporate Secretary

Financial Controller

Banking Director

Loan Officer

Transaction Manager

Senior Credit Analyst

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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