Business Credit Agreement Template for England and Wales

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Key Requirements PROMPT example:

Business Credit Agreement

"Need a Business Credit Agreement for a £500,000 secured facility to be provided to our manufacturing company, with quarterly repayments over 3 years and personal guarantees from two directors, to be completed by March 2025."

Document background
The Business Credit Agreement serves as the primary documentation for commercial lending arrangements in England and Wales. It is used when businesses require financing for various purposes such as working capital, expansion, or asset acquisition. The agreement comprehensively outlines the credit facility's terms, including drawdown mechanics, interest calculations, repayment obligations, and security arrangements. It incorporates necessary protections for both lender and borrower, ensuring compliance with UK financial regulations and banking practices. This document is essential for establishing clear rights and obligations in commercial lending relationships.
Suggested Sections

1. Parties: Identification and details of the lender and borrower including registered addresses and company numbers

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

3. Definitions: Key terms used throughout the agreement

4. Facility Details: Amount, purpose, and type of credit facility

5. Interest and Fees: Interest rate, calculation method, and applicable fees including default interest

6. Repayment Terms: Schedule and methods of repayment including prepayment provisions

7. Representations and Warranties: Statements of fact by the borrower regarding their business and financial condition

8. Covenants: Ongoing obligations of the borrower including information covenants

9. Events of Default: Circumstances constituting default and consequences

10. Governing Law: Specification of English and Welsh law as governing law and jurisdiction

Optional Sections

1. Security: Details of any collateral or guarantees - include when credit facility is secured

2. Insurance Requirements: Required insurance coverage for secured assets - include when specific insurance is required

3. Financial Covenants: Specific financial ratios and requirements - include for larger facilities or when financial monitoring is required

4. Syndication Provisions: Terms for multiple lenders - include when multiple lenders are involved

Suggested Schedules

1. Schedule 1 - Repayment Schedule: Detailed breakdown of repayment dates and amounts

2. Schedule 2 - Security Details: Detailed description of security assets and arrangements

3. Schedule 3 - Conditions Precedent: List of documents and conditions required before drawdown

4. Schedule 4 - Form of Drawdown Notice: Template for requesting funds under the facility

5. Schedule 5 - Financial Covenant Calculations: Methodology for calculating financial covenants where applicable

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
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Consumer Credit Act 1974: Primary legislation that may be relevant for business credit agreements, particularly when dealing with sole traders or small partnerships

Financial Services and Markets Act 2000: Key financial services legislation governing financial activities and regulatory framework in the UK

Companies Act 2006: Primary legislation governing company operations, including corporate borrowing and security arrangements

FCA Regulations: Financial Conduct Authority regulatory requirements governing financial services and credit arrangements

PRA Requirements: Prudential Regulation Authority requirements for financial stability and risk management

UK Money Laundering Regulations 2017: Regulations governing anti-money laundering requirements and due diligence procedures

Late Payment of Commercial Debts (Interest) Act 1998: Legislation governing interest charges and compensation for late payment in commercial transactions

Unfair Contract Terms Act 1977: Legislation controlling unfair terms in contracts and limiting the extent to which liability can be excluded

Enterprise Act 2002: Legislation affecting business competition and insolvency procedures

Insolvency Act 1986: Key legislation governing insolvency proceedings and creditors' rights

Law of Property Act 1925: Legislation relevant when security over property is involved in credit arrangements

Data Protection Act 2018: Legislation governing the handling and protection of personal data, including UK GDPR requirements

Financial Collateral Arrangements (No.2) Regulations 2003: Regulations governing financial collateral arrangements in credit agreements

Bills of Exchange Act 1882: Historical legislation still relevant for payment methods and negotiable instruments

Consumer Rights Act 2015: Legislation that may be relevant when dealing with smaller businesses and consumer protection

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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