Facility Agreement Generator for Singapore

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Facility Agreement Template

Need a Facility Agreement Template for a secured term loan of SGD 50 million to a Singapore manufacturing company, with quarterly repayments starting March 2025 and including both corporate and personal guarantees.

Document background
The Facility Agreement Template is a foundational document used in Singapore's financial sector for structuring loan arrangements. It serves as a standardized framework that can be customized for various lending scenarios while ensuring compliance with Singapore's regulatory requirements, including MAS guidelines and banking regulations. The template covers essential elements such as facility terms, security arrangements, representations and warranties, and enforcement mechanisms. It's designed to accommodate both bilateral and syndicated lending arrangements, incorporating Singapore's robust legal framework for financial transactions.
Suggested Sections

1. Parties: Identification of lender(s) and borrower(s), including registration details and addresses

2. Background: Context of the facility arrangement and purpose of the loan

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

4. The Facility: Details of the facility amount, purpose, and availability

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

6. Drawdown: Procedures and requirements for utilization of the facility

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

8. Repayment: Terms and schedule of repayment

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

10. Covenants: Positive and negative obligations of the borrower

11. Events of Default: Circumstances constituting default and consequences

12. Boilerplate Clauses: Standard legal provisions including notices, amendments, governing law

Optional Sections

1. Security: Details of any security or guarantees - used when the facility is secured

2. Syndication: Provisions for multiple lenders - used for syndicated facilities

3. Transfer and Assignment: Rights to transfer or assign the facility - used when transfer rights are required

4. Currency Provisions: Rules for handling multiple currencies - used for multi-currency facilities

Suggested Schedules

1. Form of Drawdown Notice: Standard form for requesting drawdown

2. Conditions Precedent Documents: List of required documents

3. Repayment Schedule: Detailed payment dates and amounts

4. Form of Transfer Certificate: Standard form for transferring facility interests

5. Security Documents: Forms of security documentation for secured facilities

6. Facility Specific Terms: Special terms applicable to specific facility types

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

Banking Act (Cap. 19): Primary legislation regulating banking business and financial institutions in Singapore. Contains crucial provisions on lending limits and restrictions that must be reflected in facility agreements.

Monetary Authority of Singapore Act (Cap. 186): Framework legislation governing financial sector regulation and monetary/credit policies. Essential for understanding regulatory compliance requirements in facility agreements.

Securities and Futures Act (Cap. 289): Relevant for facilities involving securities or derivatives. Contains specific provisions on securities-based lending that may need to be incorporated.

Civil Law Act (Cap. 43): Fundamental contract law legislation that governs the basic principles of contract formation and enforcement in Singapore.

Moneylenders Act (Cap. 188): Contains regulations on interest rates, including caps and usury provisions that must be considered in facility agreement terms.

Companies Act (Cap. 50): Key legislation for corporate borrowers, particularly regarding security and collateral arrangements in facility agreements.

Property Law Act: Governs aspects related to real property security and must be considered when drafting security provisions involving real estate.

Consumer Protection (Fair Trading) Act: Relevant when the facility agreement might involve consumer borrowers, ensuring fair trading practices and consumer protection.

Personal Data Protection Act 2012: Governs the collection, use, and disclosure of personal data in facility agreements and related documentation.

Insolvency, Restructuring and Dissolution Act 2018: Critical legislation governing enforcement rights, creditor remedies, and insolvency scenarios in facility agreements.

AML/CFT Regulations: Anti-Money Laundering and Countering the Financing of Terrorism regulations that must be reflected in facility agreement compliance provisions.

MAS Guidelines and Notices: Regulatory guidelines and notices issued by the Monetary Authority of Singapore that must be incorporated into facility agreement terms and conditions.

Foreign Exchange Control Regulations: Regulations governing cross-border lending and foreign exchange aspects that need to be addressed in international facility 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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