Tripartite Loan Agreement Template for Nigeria

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Key Requirements PROMPT example:

Tripartite Loan Agreement

"I need a Tripartite Loan Agreement under Nigerian law for a N500 million real estate development loan where the borrower's parent company will act as guarantor, with the facility to be drawn down in three tranches by March 2025."

Document background
The Tripartite Loan Agreement is a specialized financing document used in Nigeria when a lending arrangement requires the involvement of three distinct parties. This agreement is commonly employed in situations where additional security or guarantees are required to support a loan facility, making it particularly relevant for secured lending transactions, project finance, and complex commercial loans. The document comprehensively addresses the rights, obligations, and relationships between the lender (typically a financial institution), the borrower, and a third party (often a guarantor or security provider). It must comply with Nigerian banking regulations, including the Banks and Other Financial Institutions Act (BOFIA) 2020 and Central Bank of Nigeria guidelines. The agreement is essential for structuring secure lending arrangements while ensuring all parties' interests are protected under Nigerian law.
Suggested Sections

1. Parties: Identification and details of all three parties to the agreement

2. Background: Context of the loan arrangement and relationship between the parties

3. Definitions and Interpretation: Definitions of key terms and interpretation rules

4. The Facility: Details of the loan amount, purpose, and drawdown conditions

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

6. Repayment Terms: Schedule of repayments, prepayment provisions, and payment mechanics

7. Security: Details of security arrangements and third-party obligations

8. Representations and Warranties: Statements of fact and assurances from all parties

9. Covenants: Positive and negative obligations of each party

10. Events of Default: Circumstances constituting default and consequences

11. Regulatory Compliance: Compliance with Nigerian banking and financial regulations

12. Boilerplate Provisions: Standard contract clauses including notices, amendments, and governing law

Optional Sections

1. Insurance: Required when specific insurance coverage is needed for secured assets

2. Additional Security Provider Provisions: Used when the third party is providing additional security

3. Intercreditor Provisions: Required when there are multiple lenders or ranking of security

4. Currency Provisions: Needed for loans involving foreign currency

5. Assignment and Transfer: Optional provisions for transferability of the loan

6. Tax Provisions: Detailed tax clauses when complex tax implications exist

7. Further Assurance: Additional provisions for future actions or documentation

Suggested Schedules

1. Facility Terms: Detailed terms of the loan facility including amounts and interest rates

2. Conditions Precedent: List of conditions to be satisfied before drawdown

3. Repayment Schedule: Detailed schedule of repayment dates and amounts

4. Security Documents: List and copies of security documents

5. Form of Drawdown Notice: Template for requesting loan disbursements

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

7. Security Assets Schedule: Detailed list of assets provided as security

8. Fee Schedule: Breakdown of all applicable fees 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
Relevant Industries

Banking

Financial Services

Real Estate

Manufacturing

Agriculture

Oil and Gas

Infrastructure

Telecommunications

Commercial Real Estate

Retail

Healthcare

Education

Construction

Mining

Relevant Teams

Legal

Finance

Credit Risk

Compliance

Corporate Banking

Operations

Treasury

Credit Administration

Risk Management

Documentation

Loan Administration

Relevant Roles

Chief Financial Officer

Legal Counsel

Finance Director

Credit Risk Manager

Loan Officer

Compliance Officer

Treasury Manager

Corporate Banking Manager

Security Trustee Officer

Relationship Manager

Risk Assessment Officer

Documentation Specialist

Senior Credit Analyst

Banking Operations Manager

Financial Controller

Industries
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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