The Capital Loan Agreement serves as a fundamental instrument in Canadian corporate financing, used when a business entity requires substantial funding for capital expenditure, expansion, or major investments. This document is essential for transactions where significant sums are being lent, typically secured against company assets or other forms of collateral. The agreement must comply with Canadian federal banking regulations, provincial security and contract laws, and maintain consistency with the Interest Act and other relevant legislation. It provides comprehensive coverage of loan terms, security arrangements, borrower obligations, and lender rights, while incorporating necessary protections for all parties involved. The document is particularly crucial for corporate transactions requiring structured financing and is commonly used by financial institutions, large corporations, and businesses seeking capital investment in Canada.
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1. Parties: Identification of the lender and borrower, including full legal names and addresses
2. Background: Context of the loan agreement, including purpose of the loan and any relevant historical information
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the principal amount and intended use of the loan funds
5. Interest Rate and Calculations: Details of interest rate, calculation method, and payment frequency
6. Repayment Terms: Schedule of payments, including principal and interest payment dates
7. Security: Description of assets or guarantees securing the loan
8. Conditions Precedent: Conditions that must be satisfied before the loan is advanced
9. Representations and Warranties: Statements of fact by the borrower about their legal and financial status
10. Covenants: Ongoing obligations of the borrower during the loan term
11. Events of Default: Circumstances that constitute default and trigger remedies
12. Remedies: Lender's rights and actions in case of default
13. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Guarantees: Terms of personal or corporate guarantees, used when third-party guarantors are involved
2. Insurance Requirements: Specific insurance obligations, used when securing significant assets
3. Subordination Provisions: Used when there are multiple lenders and priority needs to be established
4. Environmental Indemnity: Used when real property is involved as security
5. Tax Provisions: Detailed tax considerations, used in complex corporate lending
6. Change of Control: Provisions dealing with ownership changes, used for corporate borrowers
7. Syndication Rights: Used for larger loans that may be syndicated to multiple lenders
8. Currency Provisions: Used when loan involves multiple currencies
1. Schedule A - Repayment Schedule: Detailed amortization schedule showing all payment dates and amounts
2. Schedule B - Security Documents: List and copies of all security documentation
3. Schedule C - Permitted Encumbrances: List of approved existing liens or encumbrances on security
4. Schedule D - Compliance Certificate: Form of certificate for periodic financial compliance reporting
5. Schedule E - Draw Request Form: Standard form for requesting loan advances
6. Schedule F - Financial Covenants: Detailed financial ratios and requirements
7. Appendix 1 - Corporate Resolution: Borrower's corporate authorization to enter into the agreement
8. Appendix 2 - Legal Opinion: Form of legal opinion required from borrower's counsel
Relevant legal definitions
Clauses
Relevant Industries
Banking and Financial Services
Real Estate
Manufacturing
Infrastructure
Technology
Healthcare
Energy
Mining
Transportation
Commercial Construction
Telecommunications
Agricultural Business
Retail Development
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Secretariat
Credit Administration
Business Development
Executive Leadership
Investment
Operations
Relevant Roles
Chief Financial Officer
Corporate Lawyer
Finance Director
Treasury Manager
Legal Counsel
Commercial Banking Officer
Credit Risk Manager
Corporate Secretary
Financial Controller
Compliance Officer
Investment Manager
Business Development Director
Senior Loan Officer
Chief Executive Officer
Risk Management Officer
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