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Trade Finance Agreement
"Need a Trade Finance Agreement for our UK manufacturing company to secure a £5 million trade facility from HSBC, primarily for financing export operations to Asia, with specific provisions for letters of credit and export documentary collections to be included."
1. Parties: Identification of all parties to the agreement including lender, borrower, and any guarantors
2. Background: Context of the trade finance arrangement and purpose of the facility
3. Definitions: Key terms used throughout the agreement including references to relevant legislation and regulatory requirements
4. Facility Terms: Amount, purpose, and type of trade finance facility
5. Conditions Precedent: Prerequisites for drawdown including regulatory compliance requirements
6. Representations and Warranties: Statements of fact by the borrower including compliance with relevant laws and regulations
7. Covenants: Ongoing obligations of the borrower including regulatory compliance obligations
8. Events of Default: Circumstances triggering default including regulatory breaches
9. Governing Law and Jurisdiction: Choice of law (England and Wales) and jurisdiction of courts
1. Security Provisions: Details of any security arrangements - used when facility is secured
2. Guarantees: Terms of any guarantees - included when third-party guarantees are provided
3. Insurance Requirements: Specific insurance obligations - included when specific insurance coverage is required
4. Sanctions and Anti-Money Laundering: Specific provisions relating to sanctions and AML requirements - included for higher risk transactions
1. Form of Drawdown Request: Standard form for requesting utilization of the facility
2. Form of Trade Documents: Templates for required trade documentation
3. Conditions Precedent Documents: List of required documents prior to first drawdown
4. Pricing Schedule: Detailed breakdown of fees and charges
5. Security Documents: Forms of security documentation if applicable
6. Regulatory Compliance Checklist: Checklist of regulatory requirements and compliance procedures
Authors
Availability Period
Business Day
Commitment
Conditions Precedent
Default
Event of Default
Facility
Facility Amount
Facility Documents
Finance Documents
Financial Indebtedness
Interest Period
Interest Rate
LIBOR/SONIA
Margin
Material Adverse Effect
Payment Date
Potential Default
Relevant Documents
Repeating Representations
Security
Security Documents
Tax
Trade Documents
Trade Finance Products
Trade Transaction
Utilisation
Utilisation Date
Utilisation Request
Bill of Exchange
Bill of Lading
Commercial Invoice
Documentary Credit
Export Collection
Import Collection
Letter of Credit
Packing Credit
Purchase Order
Shipping Documents
Trade Credit
Trust Receipt
Applicable Rate
Charged Property
Commitment Fee
Default Interest
Fees
Guarantee
Secured Obligations
Security Interest
Affiliate
Authorised Person
Group
Guarantor
Obligor
Security Provider
Subsidiary
Purpose
Availability and Drawdown
Interest and Fees
Repayment
Prepayment
Security
Conditions Precedent
Conditions Subsequent
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Trade-Specific Undertakings
Events of Default
Market Disruption
Changes to Parties
Assignment and Transfer
Set-off
Payment Mechanics
Notices
Calculations and Certificates
Partial Invalidity
Remedies and Waivers
Amendments and Waivers
Confidentiality
Counterparts
Governing Law
Enforcement
Jurisdiction
Service of Process
Termination
Force Majeure
Anti-Money Laundering
Sanctions Compliance
Documentation Requirements
Trade Document Handling
Insurance
Security Margin Requirements
Currency Provisions
Indemnities
Costs and Expenses
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