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Loan Transfer Agreement
"I need a Loan Transfer Agreement under Swiss law for transferring a CHF 5 million corporate loan from Credit Swiss to UBS, with completion planned for March 15, 2025; the borrower has already provided consent for the transfer."
1. Parties: Identification of the Existing Lender (Transferor), New Lender (Transferee), and where applicable, the Borrower
2. Background: Context of the original loan agreement and the intention to transfer the loan
3. Definitions: Definitions of key terms used in the agreement, including 'Transfer Date', 'Loan Agreement', 'Outstanding Amount'
4. Transfer: Core provisions detailing the transfer of rights and obligations from Existing Lender to New Lender
5. Transfer Price and Payment: Details of the consideration for the transfer and payment mechanics
6. Representations and Warranties: Standard representations from both parties regarding authority, capacity, and loan status
7. Completion Requirements: Actions required to complete the transfer, including notifications and documentation
8. Further Assurance: Obligations to execute further documents or take additional steps if needed
9. Notices: Process and details for serving notices under the agreement
10. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction for disputes
1. Security Transfer: Required when the loan is secured by collateral, detailing the transfer of security interests
2. Partial Transfer Provisions: Include when only a portion of the loan is being transferred
3. Borrower Consent: Required when the original loan agreement requires borrower consent for transfer
4. Banking Secrecy Provisions: Additional provisions required when one party is a regulated bank
5. Data Protection: Specific provisions for handling personal data, required when transferring consumer loans
6. Tax Provisions: Special tax-related provisions when transfer has significant tax implications
7. Registration Requirements: Include when transfer requires registration with authorities or registries
1. Schedule 1 - Loan Agreement Details: Copy or details of the original loan agreement being transferred
2. Schedule 2 - Outstanding Amount: Detailed breakdown of the outstanding loan amount, interest, and other sums
3. Schedule 3 - Security Documents: List and copies of security documents if loan is secured
4. Schedule 4 - Transfer Documents: Forms of notices and other documents required to effect the transfer
5. Schedule 5 - Completion Checklist: List of actions and documents required for completion
6. Appendix A - Form of Transfer Notice: Template for notifying relevant parties of the transfer
7. Appendix B - Payment Details: Banking and payment information for the transfer price
Authors
Assigned Rights
Borrower
Business Day
Completion Date
Conditions Precedent
Default Interest
Effective Date
Encumbrance
Existing Lender
Facility Agreement
Finance Documents
Financial Indebtedness
Guaranteed Obligations
Interest Period
Loan
Loan Agreement
New Lender
Outstanding Amount
Parties
Payment Date
Purchase Price
Regulatory Authority
Related Rights
Relevant Documents
Security
Security Documents
Swiss Business Day
Swiss Francs
Transfer
Transfer Certificate
Transfer Date
Transfer Documents
Transfer Notice
Transfer Price
Transferred Rights and Obligations
Working Day
Assignment
Transfer
Payment Terms
Completion
Representations and Warranties
Security Transfer
Further Assurance
Costs and Expenses
Amendments
Severability
Confidentiality
Data Protection
Banking Secrecy
Notices
Counterparts
Assignment and Transfer
No Waiver
Entire Agreement
Third Party Rights
Force Majeure
Governing Law
Jurisdiction
Process Agent
Regulatory Compliance
Banking
Financial Services
Investment Management
Real Estate
Corporate Lending
Asset Management
Private Equity
Insurance
Commercial Banking
Investment Banking
Legal
Finance
Compliance
Credit Risk
Treasury
Portfolio Management
Transaction Management
Corporate Finance
Investment Management
Loan Administration
Risk Management
Legal Counsel
Finance Director
Compliance Officer
Credit Manager
Transaction Manager
Portfolio Manager
Risk Manager
Treasury Manager
Loan Officer
Banking Director
Corporate Finance Manager
Investment Manager
Senior Legal Counsel
Chief Legal Officer
Chief Financial Officer
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