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Debt Factoring Agreement
"I need a Debt Factoring Agreement for our manufacturing company to sell $2M worth of receivables to ABC Finance Ltd, with recourse provisions and a minimum funding period of 90 days, to be effective from March 1, 2025."
1. Parties: Identification of the Factor and the Client (seller of receivables)
2. Background: Context of the agreement and brief description of the factoring arrangement
3. Definitions: Key terms including Receivables, Eligible Receivables, Purchase Price, Factor's Fee, etc.
4. Assignment of Receivables: Core provisions regarding the sale and assignment of receivables
5. Purchase Price and Payment Terms: Calculation method for purchase price and payment mechanisms
6. Representations and Warranties: Client's warranties regarding receivables and business conditions
7. Covenants: Ongoing obligations of the Client
8. Events of Default: Circumstances constituting default and consequences
9. Term and Termination: Duration and termination provisions
1. Recourse Provisions: Terms for recourse against the Client in recourse factoring arrangements
2. Cross-Border Provisions: Specific terms for international receivables when dealing with international debtors
3. Credit Insurance: Terms relating to credit insurance arrangements when credit insurance is part of the agreement
4. Digital Platform Terms: Terms for use of electronic systems when using digital factoring platforms
1. Schedule of Receivables: List of initial receivables being assigned
2. Pricing Schedule: Detailed breakdown of fees and charges
3. Form of Notice to Debtors: Template for notifying debtors of the assignment
4. Operating Procedures: Detailed procedures for submission and processing of receivables
5. Eligible Receivables Criteria: Detailed criteria for acceptable receivables
6. Form of Assignment: Template for individual assignments of receivables
Authors
Account
Accounts Receivable
Advance Rate
Adverse Interest
Applicable Law
Assignment
Available Funds
Business Day
Charged Interest
Client
Collection Period
Commencement Date
Contract
Credit Note
Debtor
Debtor Limit
Deed of Assignment
Default Interest Rate
Dilution
Discount Charge
Discount Period
Dispute
Due Date
Eligible Receivable
Encumbrance
Event of Default
Factor
Factor's Fee
Factoring Documents
Facility
Facility Limit
Funding Date
Indebtedness
Ineligible Receivable
Initial Payment
Invoice
Material Adverse Change
Minimum Period
Notice of Assignment
Notification
Outstanding Amount
Purchase Price
Purchased Receivable
Recourse
Reserve
Security Interest
Service Charge
Term
Transfer
Working Day
Purchase and Sale
Representations and Warranties
Eligible Receivables
Purchase Price
Payment Terms
Collection and Servicing
Recourse
Security
Covenants
Record Keeping
Notifications
Events of Default
Remedies
Indemnification
Confidentiality
Data Protection
Anti-Money Laundering
Force Majeure
Term and Termination
Amendments
Assignment and Transfer
Notices
Governing Law
Dispute Resolution
Severability
Entire Agreement
Counterparts
Further Assurance
Third Party Rights
Costs and Expenses
Set-off
No Agency
Waiver
Insurance
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