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Credit And Security Agreement
"I need a Credit and Security Agreement for a £5 million facility to a manufacturing company, with security over plant and machinery, and I need to include provisions for additional lenders to join the facility in the future."
1. Parties: Identification and details of the lender(s) and borrower(s)
2. Background: Context of the credit facility and security arrangement
3. Definitions: Key terms used throughout the agreement
4. Facility Details: Amount, purpose, and terms of the credit facility
5. Security Provisions: Details of security being granted and enforcement rights
6. Representations and Warranties: Statements of fact and assurances from the borrower
7. Covenants: Ongoing obligations of the borrower
8. Events of Default: Circumstances that trigger default and remedies
9. Governing Law and Jurisdiction: Legal framework governing the agreement
1. Guarantees: Terms of any guarantees provided - use when third-party guarantees are part of the security package
2. Intercreditor Provisions: Arrangements between multiple creditors - use when multiple lenders are involved
3. Insurance Requirements: Specific insurance obligations - use when insurance is required as part of security
4. Assignment and Transfer: Rights to transfer the facility - use when transfer rights are important to the lender
1. Security Assets Schedule: Detailed list of assets subject to security
2. Repayment Schedule: Payment dates and amounts
3. Form of Drawdown Notice: Template for requesting facility drawdowns
4. Conditions Precedent: List of documents and conditions required before drawdown
5. Financial Covenants Schedule: Detailed financial ratios and requirements
6. Security Documents: Forms of security documents required
Authors
Agreement
Applicable Law
Available Facility
Business Day
Charged Assets
Commitment
Conditions Precedent
Default
Default Interest
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Encumbrance
Event of Default
Facility
Finance Documents
Financial Indebtedness
Financial Statements
Group
Guarantee
Interest Payment Date
Interest Period
Interest Rate
Legal Reservations
LIBOR/SONIA
Loan
Material Adverse Effect
Margin
Obligor
Permitted Security
Potential Default
Qualifying Bank
Repayment Date
Repeating Representations
Security
Security Assets
Security Documents
Security Interest
Security Period
Subsidiary
Tax
Term
Transaction Documents
Transfer Certificate
Utilisation
Utilisation Date
VAT
Interest and Fees
Repayment
Security Creation
Security Perfection
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Negative Pledge
Events of Default
Acceleration
Security Enforcement
Set-off Rights
Payment Mechanics
Assignment and Transfer
Changes to Parties
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Confidentiality
Counterparts
Third Party Rights
Governing Law
Jurisdiction
Service of Process
Intercreditor Provisions
Guarantee Provisions
Indemnities
Costs and Expenses
Tax Gross-up and Indemnities
Currency Provisions
Discharge and Release
Further Assurance
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