Trade Finance Facility Agreement Template for England and Wales

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Key Requirements PROMPT example:

Trade Finance Facility Agreement

"Need a Trade Finance Facility Agreement for a €50 million revolving credit facility between Deutsche Bank AG and our manufacturing company, with specific provisions for letter of credit issuance and export financing to support our expansion into Asian markets."

Document background
Trade Finance Facility Agreements are essential documents used when businesses require financing for international trade operations. This agreement, governed by English and Welsh law, is commonly used due to the jurisdiction's prominence in international finance and well-established legal framework. The Trade Finance Facility Agreement covers various trade finance products, including working capital solutions, supply chain finance, and documentary credits. It's particularly relevant for businesses engaged in cross-border trade requiring financing for import/export operations, inventory management, or supply chain optimization.
Suggested Sections

1. Parties: Identification of all parties to the agreement including lender, borrower, and any guarantors

2. Background: Context of the facility and commercial purpose

3. Definitions: Key terms used throughout the agreement including financial, technical and legal definitions

4. Facility Details: Amount, purpose, and type of facility being provided including terms of availability

5. Conditions Precedent: Conditions that must be satisfied before drawdown of the facility

6. Representations and Warranties: Statements of fact made by the borrower regarding their legal and financial status

7. Covenants: Ongoing obligations of the borrower including financial covenants and information undertakings

8. Events of Default: Circumstances allowing lender to terminate facility and demand repayment

9. Boilerplate Clauses: Standard legal and administrative provisions including governing law, jurisdiction and notices

Optional Sections

1. Security Provisions: Details of any security taken, including asset charges, guarantees and enforcement rights

2. Syndication Provisions: Terms governing multiple lenders, including voting rights and transfer provisions

3. Letter of Credit Provisions: Specific terms for LC facilities including issuance process and requirements

Suggested Schedules

1. Form of Drawdown Request: Standard form for requesting utilization of the facility

2. Form of Compliance Certificate: Template for periodic compliance reporting by the borrower

3. Conditions Precedent Documents: List of required documents and conditions to be satisfied

4. Pricing Schedule: Details of interest rates, fees, margins and other charges

5. Security Documents: Forms of security documentation including debentures, guarantees and charges

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 that regulates financial services and markets in the UK, establishes the regulatory framework, and defines regulated activities

Consumer Credit Act 1974: Legislation governing consumer credit agreements, including consumer protection provisions and credit agreement requirements

Companies Act 2006: Key legislation covering corporate borrowing powers and director duties and authorities

Law of Property Act 1925: Legislation governing security interests and property-related provisions in England and Wales

FCA/PRA Regulations: Regulatory framework covering conduct of business rules, capital requirements, and risk management

UK Money Laundering Regulations 2017: Regulations setting out customer due diligence requirements and anti-money laundering provisions

Basel Accords: International banking standards covering capital adequacy requirements and risk management standards

UCP 600: Uniform Customs and Practice for Documentary Credits, relevant for letter of credit facilities

GDPR/Data Protection Act 2018: Legislation governing data protection requirements and privacy provisions

Contract Law Principles: Common law principles covering offer, acceptance, consideration, and intention to create legal relations

Equity Principles: Common law principles governing security arrangements and trust relationships

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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