Senior Loan Agreement Template for Switzerland

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Key Requirements PROMPT example:

Senior Loan Agreement

"I need a Swiss law Senior Loan Agreement for a CHF 50 million bilateral facility to finance a renewable energy project, with quarterly repayments starting March 2025 and sustainability-linked interest rate adjustments."

Document background
This Senior Loan Agreement template is designed for use in Swiss-law governed financing transactions where a lender extends senior debt to a borrower. The agreement is particularly suitable for corporate financing, project finance, or asset-based lending where the loan ranks senior in terms of security and payment priority. It incorporates all necessary provisions required under Swiss law, including specific requirements from the Swiss Code of Obligations and relevant banking regulations. The document typically includes detailed sections on security interests, which are crucial given the senior nature of the facility, as well as comprehensive covenants and reporting requirements to protect the lender's senior position. This template is adaptable for both bilateral and syndicated lending arrangements and can be modified to accommodate various security structures while maintaining compliance with Swiss legal requirements.
Suggested Sections

1. Parties: Identification of the lender(s) and borrower(s) with full legal names and addresses

2. Background: Context of the loan agreement and brief description of the transaction

3. Definitions and Interpretation: Comprehensive list of defined terms and interpretation rules

4. The Facility: Details of the loan amount, purpose, and availability

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

6. Drawdown: Procedures and requirements for requesting and making loan disbursements

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

8. Repayment: Terms and schedule for loan repayment

9. Prepayment: Voluntary and mandatory prepayment provisions

10. Tax Gross Up and Indemnities: Tax-related provisions and associated indemnities

11. Increased Costs: Provisions dealing with changes in costs due to regulatory changes

12. Representations and Warranties: Borrower's representations and warranties

13. Information Undertakings: Borrower's obligations to provide financial and other information

14. Financial Covenants: Financial ratios and tests the borrower must maintain

15. General Undertakings: General positive and negative covenants

16. Events of Default: Circumstances constituting default and consequences

17. Security: Overview of security package and ranking

18. Costs and Expenses: Allocation of transaction costs and ongoing expenses

19. Notices: Communication procedures between parties

20. Assignments and Transfers: Rules for transferring rights and obligations

21. Governing Law and Jurisdiction: Choice of Swiss law and jurisdiction provisions

22. Execution: Signature blocks and execution requirements

Optional Sections

1. Accordion Facility: Optional provision allowing for increase in facility amount - include when facility may need to be increased in future

2. Agent Provisions: Include when there is a facility agent managing the loan on behalf of multiple lenders

3. Security Trustee Provisions: Include when security is held by a trustee for multiple lenders

4. Majority Lenders: Include for syndicated loans to define voting rights and decision-making processes

5. Market Disruption: Include for loans with floating interest rates to address market disruption scenarios

6. Break Costs: Include when early repayment might result in lender losses

7. Currency Provisions: Include for multi-currency facilities or when payments may be in different currencies

8. Sustainability-Linked Provisions: Include when loan terms are linked to sustainability targets

Suggested Schedules

1. Schedule 1 - Conditions Precedent Documents: Detailed list of required documents and conditions

2. Schedule 2 - Form of Drawdown Request: Template for borrower to request loan disbursements

3. Schedule 3 - Repayment Schedule: Detailed amortization schedule if applicable

4. Schedule 4 - Form of Compliance Certificate: Template for periodic compliance reporting

5. Schedule 5 - Security Documents: List and copies of all security documents

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

7. Schedule 7 - Existing Security: List of permitted existing security interests

8. Schedule 8 - Form of Transfer Certificate: Template for transferring loan participations

9. Appendix A - Notice Details: Detailed contact information for all parties

10. Appendix B - Banking Details: Account details for all payment obligations

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

Infrastructure

Manufacturing

Energy

Healthcare

Technology

Telecommunications

Retail

Transportation & Logistics

Mining & Resources

Agriculture

Hospitality

Construction

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit

Corporate Banking

Investment

Operations

Portfolio Management

Transaction Management

Corporate Finance

Documentation

Deal Advisory

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Relationship Manager

Credit Officer

Risk Manager

Compliance Officer

Financial Controller

Investment Manager

Corporate Banking Manager

Loan Officer

Transaction Manager

Security Trustee

Facility Agent

Portfolio Manager

Credit Analyst

Legal Director

Banking Partner

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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