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1. Parties: Identifies and defines the Lender and Borrower with their full legal details
2. Background: Explains the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Loan Amount and Drawdown: Specifies the loan amount, drawdown conditions and process
5. Profit Sharing Mechanism: Details how profits will be calculated, verified and shared between parties
6. Interest and Fees: Specifies any additional interest or fees payable besides profit share
7. Repayment Terms: Outlines the repayment schedule, methods, and conditions
8. Borrower's Representations and Warranties: States the Borrower's guarantees about their business and financial position
9. Borrower's Obligations: Details ongoing obligations including financial reporting and business operation requirements
10. Events of Default: Lists circumstances constituting default and consequences
11. Lender's Rights and Remedies: Specifies the Lender's rights, particularly in default scenarios
12. Confidentiality: Establishes confidentiality obligations regarding business information and agreement terms
13. General Provisions: Contains standard legal provisions including notices, amendments, governing law, etc.
1. Security: Include when the loan is secured by specific assets or guarantees
2. Guarantor Provisions: Required when there are personal or corporate guarantors for the loan
3. Insurance Requirements: Include when specific insurance coverage is required for the business or assets
4. Intellectual Property Rights: Include when the business involves significant IP that could affect profit calculation
5. Change of Control: Include for borrowers where ownership changes could impact the agreement
6. Subordination: Include when this loan needs to be subordinated to other debt
7. Early Repayment: Include when early repayment is permitted with specific terms
8. Business Operation Restrictions: Include when specific business decisions require lender approval
1. Schedule 1 - Loan Terms: Details of loan amount, profit share percentage, fees, and key dates
2. Schedule 2 - Drawdown Requirements: Specific conditions and documentation required for loan drawdown
3. Schedule 3 - Calculation of Profit Share: Detailed methodology for calculating profits and profit share
4. Schedule 4 - Financial Reporting Requirements: Specific reports, frequency, and format required for financial reporting
5. Schedule 5 - Security Details: Description of any security or collateral provided
6. Schedule 6 - Permitted Expenses: List of expenses that can be deducted before profit calculation
7. Appendix A - Business Plan: Borrower's business plan and financial projections
8. Appendix B - Initial Financial Statements: Borrower's financial statements at agreement commencement
Financial Services
Small Business
Startups
Technology
Manufacturing
Retail
Professional Services
Agriculture
Mining
Real Estate
Healthcare
Education
Hospitality
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Development
Commercial
Credit
Executive Leadership
Business Development
Company Secretariat
Chief Financial Officer
Finance Director
Commercial Director
Legal Counsel
Corporate Lawyer
Investment Manager
Business Development Manager
Financial Controller
Risk Manager
Compliance Officer
Company Secretary
Managing Director
CEO
Treasury Manager
Account Manager
Credit Manager
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