Credit Facilities Agreement Template for Ireland

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Key Requirements PROMPT example:

Credit Facilities Agreement

"I need a Credit Facilities Agreement under Irish law for a €50 million syndicated revolving credit facility with a sustainability-linked margin ratchet, involving three banks lending to a renewable energy company, with quarterly interest periods and a final maturity date in March 2025."

Document background
The Credit Facilities Agreement is a fundamental document used in financing transactions under Irish law when a lender or syndicate of lenders provides credit to a borrower. It serves as the primary agreement governing the lending relationship, detailing all aspects of the credit facility including drawdown mechanics, interest calculations, repayment obligations, and security arrangements. The document ensures compliance with Irish financial services regulations, including the Consumer Credit Act 1995, Central Bank requirements, and relevant EU directives. It is particularly crucial for establishing clear rights, obligations, and remedies for all parties involved in the credit arrangement, while incorporating necessary protections and regulatory requirements specific to the Irish jurisdiction. The agreement can be adapted for various types of credit facilities, from simple bilateral loans to complex syndicated arrangements, and can include multiple facilities under a single agreement structure.
Suggested Sections

1. Parties: Identification of the lender(s), borrower(s), and any guarantors or other parties

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

3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and interpretation rules

4. The Facility: Core terms of the credit facility including amount, purpose, and availability

5. Conditions Precedent: Conditions that must be satisfied before drawdown

6. Drawdown: Procedures and requirements for utilizing the facility

7. Interest: Interest rate, calculation methods, and payment provisions

8. Repayment and Prepayment: Terms for scheduled repayments and voluntary/mandatory prepayments

9. Fees and Expenses: All fees payable and cost allocation

10. Tax Provisions: Tax-related obligations and gross-up provisions

11. Representations and Warranties: Statements of fact and assurances given by the borrower

12. Covenants: Positive and negative obligations of the borrower

13. Events of Default: Circumstances constituting default and consequences

14. Changes to Parties: Assignment and transfer provisions

15. Payments and Calculations: Payment mechanics and calculation conventions

16. Notices: Communication requirements and contact details

17. Governing Law and Jurisdiction: Choice of Irish law and jurisdiction provisions

Optional Sections

1. Security: Required if the facility is secured, detailing security arrangements and enforcement rights

2. Guarantees: Required if there are guarantors, setting out guarantee terms

3. Multiple Facilities: Required for agreements with multiple tranches or types of facilities

4. Syndication Provisions: Required for syndicated facilities, covering facility agent and security trustee roles

5. Increased Costs and Market Disruption: Optional provisions for dealing with regulatory changes and market disruption

6. Set-off Rights: Optional provisions for lender's set-off rights

7. Accordion Facility: Optional section for potential facility increases

8. Green Loan Provisions: Required for green loans, including use of proceeds and reporting requirements

Suggested Schedules

1. Conditions Precedent: Detailed list of required documents and conditions

2. Form of Drawdown Request: Template for borrower to request facility utilization

3. Repayment Schedule: Detailed repayment dates and amounts

4. Form of Transfer Certificate: Template for transferring commitments between lenders

5. Form of Compliance Certificate: Template for periodic compliance reporting

6. Security Documents: Forms of security documents if applicable

7. Financial Covenants Calculations: Detailed methodology for financial covenant calculations

8. Contact Details: Comprehensive contact information for all parties

9. Existing Security: Details of any existing security arrangements

10. Form of Accession Deed: Template for new parties joining the agreement

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
Relevant Industries

Banking & Financial Services

Real Estate

Manufacturing

Retail

Technology

Healthcare

Construction

Energy

Infrastructure

Agriculture

Telecommunications

Professional Services

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Corporate Secretariat

Credit

Banking Operations

Relationship Management

Transaction Management

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Risk Manager

Compliance Officer

Credit Manager

Relationship Manager

Banking Executive

Finance Manager

Corporate Secretary

Account Manager

Debt Finance Manager

Transaction Manager

Industries
Consumer Credit Act 1995: Primary legislation governing consumer credit agreements in Ireland, setting out requirements for credit agreements, including mandatory terms and disclosure requirements
Central Bank Act 1942 (as amended): Establishes regulatory framework for financial institutions and credit providers in Ireland
European Union (Consumer Mortgage Credit Agreements) Regulations 2016: Implements EU Mortgage Credit Directive, relevant if the credit facility is secured against residential property
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010: Sets out anti-money laundering requirements that credit providers must comply with
General Data Protection Regulation (GDPR) and Data Protection Act 2018: Governs the processing of personal data, relevant for handling borrower information
Consumer Protection Code 2012: Central Bank of Ireland's code setting out requirements for financial services providers in their dealings with consumers
European Communities (Unfair Terms in Consumer Contracts) Regulations 1995: Protects consumers against unfair terms in contracts with businesses
Civil Law (Miscellaneous Provisions) Act 2011: Contains provisions affecting contract law and civil proceedings in Ireland
Financial Services and Pensions Ombudsman Act 2017: Establishes dispute resolution mechanisms for financial services agreements
European Union (Consumer Credit Agreements) Regulations 2010: Implements EU Consumer Credit Directive, setting out requirements for standard consumer credit agreements
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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