Bank Facilities Letter Template for England and Wales

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Key Requirements PROMPT example:

Bank Facilities Letter

"I need a Bank Facilities Letter for a £5 million revolving credit facility to be provided to our manufacturing company, with quarterly interest payments and a three-year term commencing March 2025, including specific covenants related to our debt service coverage ratio."

Document background
The Bank Facilities Letter serves as the primary documentation for establishing banking facilities between a financial institution and a borrower under English and Welsh law. This document is typically used when a bank agrees to provide various types of financial facilities such as term loans, overdrafts, or revolving credit facilities. The letter includes essential details about the facility amount, purpose, interest rates, fees, security requirements, and various conditions that must be met. As a key contractual document in banking relationships, the Bank Facilities Letter must comply with UK financial services regulations and banking laws, while also addressing specific commercial requirements of the parties involved.
Suggested Sections

1. Facility Details: Specification of the type, amount, and purpose of the facility being offered

2. Interest and Fees: Details of interest rates, arrangement fees, commitment fees, and other charges

3. Conditions Precedent: List of requirements that must be met before the facility becomes available

4. Repayment Terms: Schedule and methods of repayment, including any early repayment provisions

5. Security Requirements: Details of any required security, guarantees, or collateral

6. Representations and Warranties: Statements of fact and assurances provided by the borrower

7. Undertakings: Ongoing obligations of the borrower throughout the facility period

8. Events of Default: Circumstances that would trigger default and remedies available to the bank

Optional Sections

1. Multiple Currency Provisions: Terms governing the use of multiple currencies in the facility, including exchange rates and currency switching mechanisms

2. Accordion Feature: Provisions allowing for potential increase in facility amount under specified conditions

3. Market Disruption: Provisions dealing with circumstances where interest rate benchmarks become unavailable or market conditions significantly change

4. Regulatory Compliance: Additional provisions required for specific regulatory frameworks, such as Basel III compliance or ring-fencing requirements

Suggested Schedules

1. Schedule 1 - Conditions Precedent Documents: Comprehensive list of required documentation and conditions to be satisfied

2. Schedule 2 - Form of Drawdown Notice: Template for requesting utilization of the facility

3. Schedule 3 - Pricing Schedule: Detailed breakdown of all fees, margins, and interest calculations

4. Schedule 4 - Financial Covenants: Specific financial ratios, thresholds, and reporting requirements

5. Schedule 5 - Form of Compliance Certificate: Template for periodic confirmation of covenant compliance

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
Industries

Financial Services and Markets Act 2000: Primary legislation governing financial services regulation in the UK, establishing regulatory framework and authority of financial regulators

Consumer Credit Act 1974: Regulates credit agreements and consumer lending, providing protection for retail customers in credit transactions

Banking Act 2009: Provides framework for bank regulation and establishes special resolution regime for failing banks

Companies Act 2006: Primary legislation governing company operations, relevant for corporate borrowers and their capacity to enter into facility agreements

FCA Handbook: Regulatory guidelines and requirements set by the Financial Conduct Authority for financial institutions

PRA Rulebook: Regulatory requirements established by the Prudential Regulation Authority for prudential supervision of banks

Basel III Requirements: International regulatory framework for banks, setting standards for capital adequacy and liquidity requirements

Consumer Rights Act 2015: Consolidates consumer protection law, including unfair terms in consumer contracts

Unfair Contract Terms Act 1977: Controls unfair terms in contracts, particularly exclusion clauses and limitations of liability

Unfair Terms in Consumer Contracts Regulations 1999: Protects consumers against unfair standard terms in contracts with sellers or suppliers

Money Laundering Regulations 2017: Sets out anti-money laundering requirements for financial institutions including customer due diligence

Proceeds of Crime Act 2002: Legislation dealing with money laundering and proceeds of crime, including reporting obligations

UK General Data Protection Regulation: Post-Brexit data protection regulation governing the processing of personal data

Data Protection Act 2018: UK's implementation of data protection standards, complementing UK GDPR

Financial Services (Banking Reform) Act 2013: Implements structural reforms to UK banking sector including ring-fencing requirements

Payment Services Regulations 2017: Regulates payment services and payment service providers in the UK

Small Business, Enterprise and Employment Act 2015: Contains provisions affecting SME finance and business relationships with banks

Modern Slavery Act 2015: Requires certain businesses to ensure transparency in supply chains and compliance reporting

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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