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Credit Facilities Agreement
"I need a Credit Facilities Agreement for a €50 million secured term loan between Deutsche Bank as lender and a German manufacturing company as borrower, with quarterly repayments starting March 2025 and including standard financial covenants for the manufacturing sector."
1. Parties: Identification of the lender(s), borrower(s), and any guarantors or security providers
2. Background: Context of the agreement and purpose of the facilities
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules
4. The Facilities: Description of each facility type, amounts, and purpose
5. Conditions Precedent: Conditions that must be satisfied before drawdown
6. Utilisation: Mechanics and procedures for drawing down the facilities
7. Interest: Interest rates, calculation periods, and payment provisions
8. Repayment: Terms and schedule for repayment of the facilities
9. Prepayment and Cancellation: Voluntary and mandatory prepayment events and cancellation rights
10. Representations: Borrower's representations and warranties
11. Information Undertakings: Obligations to provide financial and other information
12. General Undertakings: Positive and negative covenants of the borrower
13. Events of Default: Circumstances constituting default and consequences
14. Changes to Parties: Transfer and assignment provisions
15. Payment Mechanics: Payment times, currencies, and set-off provisions
16. Notices: Communication methods and contact details
17. Calculations and Certificates: Basis of calculations and evidential value of certificates
18. Miscellaneous: Partial invalidity, remedies, amendments, and counterparts
19. Governing Law and Jurisdiction: German law as governing law and jurisdiction provisions
1. Security: Required if the facilities are secured - details of security structure and enforcement
2. Guarantees: Required if there are guarantors - terms of guarantees and guarantor provisions
3. Financial Covenants: Include if specific financial metrics need to be maintained
4. Agent and Security Agent Provisions: Required for syndicated facilities with an agent bank
5. Majority Lenders: Required for syndicated facilities - voting and decision-making mechanics
6. Bank Accounts: Required if specific account structure or cash dominion is needed
7. VAT Provisions: Required if VAT treatment needs specific attention
8. Increased Costs and Tax Gross-Up: Optional protections for lenders against regulatory changes and tax implications
9. Market Disruption: Optional provisions for dealing with market disruption events
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Utilisation Request: Standard form for drawdown requests
3. Form of Transfer Certificate: Standard form for transfers between lenders
4. Repayment Schedule: Detailed amortization schedule if applicable
5. Financial Covenant Calculations: Formulae and definitions for financial covenants
6. Security Documents: List and copies of security documents
7. Existing Security: Details of permitted existing security
8. Form of Compliance Certificate: Template for periodic compliance certification
9. Contact Details: Detailed contact information for all parties
10. Form of Accession Deed: Standard form for new parties joining the agreement
Authors
Account Bank
Additional Lender
Affiliate
Agent
Applicable Margin
Authorisation
Available Commitment
Available Facility
Banking Day
Base Rate
Borrower
Break Costs
Business Day
Calculation Date
Commitment
Compliance Certificate
Confidential Information
Default
Default Interest
Disruption Event
Drawing
EBITDA
Effective Date
Enforcement Event
Event of Default
Existing Security
Facility
Facility Office
Fee Letter
Finance Document
Finance Party
Financial Indebtedness
Financial Statements
Financial Year
Group
Guarantee
Guarantor
Holding Company
Increased Costs
Interest Period
Interest Rate
Legal Reservation
Lender
Loan
Majority Lenders
Margin
Material Adverse Effect
Obligor
Original Financial Statements
Original Jurisdiction
Original Lender
Original Obligor
Participating Member State
Party
Permitted Security
Potential Event of Default
Qualifying Lender
Quotation Day
Reference Banks
Relevant Market
Repayment Date
Repeating Representations
Representative
Screen Rate
Security
Security Document
Security Interest
Security Period
Security Provider
Subsidiary
Tax
Term
Total Commitments
Transfer Certificate
Transfer Date
Unpaid Sum
Utilisation
Utilisation Date
Utilisation Request
VAT
The Facilities
Purpose
Conditions Precedent
Utilisation
Repayment
Prepayment and Cancellation
Interest
Interest Periods
Changes to the Calculation of Interest
Fees
Tax Gross-Up and Indemnities
Increased Costs
Other Indemnities
Mitigation
Costs and Expenses
Guarantee and Indemnity
Representations
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Changes to the Parties
Role of the Agent
Role of the Security Agent
Conduct of Business by the Finance Parties
Sharing Among Finance Parties
Payment Mechanics
Set-Off
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Confidentiality
Counterparts
Governing Law
Enforcement
Jurisdiction
Banking and Financial Services
Corporate Lending
Investment Banking
Real Estate
Manufacturing
Infrastructure
Energy
Technology
Healthcare
Retail
Telecommunications
Transport and Logistics
Construction
Industrial
Agriculture
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Banking
Loan Administration
Documentation
Risk Management
Corporate Finance
Operations
Syndications
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Banker
Relationship Manager
Credit Risk Manager
Legal Counsel
Corporate Lawyer
Compliance Officer
Financial Controller
Credit Analyst
Loan Officer
Transaction Manager
Director of Corporate Finance
Head of Lending
Risk Manager
Documentation Specialist
Syndications Manager
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