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Credit Facilities Agreement
"I need a Credit Facilities Agreement for a secured term loan of NZD 5 million to a manufacturing company, with quarterly repayments over 5 years and including personal guarantees from two company directors."
1. Parties: Identification of the lender, borrower, and any guarantors
2. Background: Context of the agreement and purpose of the facility
3. Definitions and Interpretation: Defined terms and interpretation rules used throughout the agreement
4. The Facility: Details of the credit facility including type, amount, purpose and availability
5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
6. Drawdown: Procedures and requirements for drawing down the facility
7. Interest and Fees: Interest calculation, payment terms, and applicable fees
8. Repayment and Prepayment: Terms for repayment, prepayment rights and conditions
9. Representations and Warranties: Statements of fact and assurances given by the borrower
10. Undertakings: Positive and negative obligations of the borrower during the facility term
11. Events of Default: Circumstances constituting default and consequences
12. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Security: Required when the facility is secured, detailing the security structure and enforcement rights
2. Guarantee: Required when there are guarantors, detailing guarantee obligations
3. Multiple Borrowers: Required for syndicated facilities or multiple borrower structures
4. Review and Cancellation: For facilities with periodic review rights or cancellation provisions
5. Market Disruption: For facilities with variable interest rates, addressing market disruption scenarios
6. Increased Costs and Tax Provisions: Detailed provisions for managing regulatory changes affecting costs
7. Assignment and Transfer: Required if the facility may be transferred or syndicated
8. Currency Provisions: Required for multi-currency facilities
1. Facility Terms: Detailed commercial terms including facility limits, interest rates, and fees
2. Conditions Precedent Documents: List of required documents and conditions to be satisfied
3. Form of Drawdown Notice: Template for borrower to request drawdown of funds
4. Repayment Schedule: Detailed schedule of repayment dates and amounts
5. Security Details: Description of security assets and perfection requirements
6. Compliance Certificate: Template for periodic financial compliance reporting
7. Financial Covenants: Detailed financial covenants and calculation methodologies
8. Permitted Security Interests: List of security interests permitted under the facility
Authors
Business Day
Commitment
Conditions Precedent
Default
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Event of Default
Facility
Facility Amount
Facility Documents
Facility Limit
Final Repayment Date
Finance Documents
Financial Indebtedness
Financial Statements
Financial Year
Interest Payment Date
Interest Period
Interest Rate
Legal Requirements
Loan
Material Adverse Effect
Permitted Security Interest
Potential Event of Default
Repayment Date
Repayment Schedule
Security
Security Documents
Security Interest
Security Provider
Subsidiary
Tax
Term
Transaction Documents
Utilisation
Working Day
New Zealand GAAP
Permitted Distribution
Related Company
Financial Covenants
Compliance Certificate
Secured Property
Guarantor
Reference Rate
Margin
Review Date
Secured Obligations
Purpose
Relevant Jurisdiction
Definitions
Facility Terms
Conditions Precedent
Drawdown
Interest
Fees and Charges
Repayment
Prepayment
Security
Representations and Warranties
Undertakings
Financial Covenants
Information Undertakings
Events of Default
Acceleration
Changes to Parties
Payment Mechanics
Set-off
Notices
Calculations
Amendments
Confidentiality
Privacy
Assignment
Force Majeure
Guarantee
Indemnity
Currency
Tax
Costs and Expenses
Severability
Counterparts
Governing Law
Dispute Resolution
Entire Agreement
Anti-Money Laundering
Market Disruption
Increased Costs
Facility Review
Default Interest
Security Enforcement
Agency Provisions
Banking and Financial Services
Corporate Finance
Real Estate and Property Development
Manufacturing
Retail
Agriculture
Infrastructure
Technology
Healthcare
Education
Construction
Mining and Resources
Transport and Logistics
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Banking
Commercial Lending
Risk Management
Corporate Finance
Operations
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Finance Manager
Credit Manager
Risk Manager
Relationship Manager
Commercial Director
Banking Officer
Compliance Officer
Financial Controller
Company Secretary
Credit Analyst
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