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Creditor Agreement
"I need a Creditor Agreement for a secured business loan of CAD 2.5 million to a manufacturing company in Ontario, with quarterly interest payments and a maturity date of March 15, 2025, including security interest in the company's equipment and accounts receivable."
1. Parties: Identifies and defines the Creditor and Debtor, including full legal names and addresses
2. Background: Explains the context of the credit relationship and purpose of the agreement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets interpretation rules
4. Credit Facility: Details the amount, type, and nature of the credit being extended
5. Interest and Fees: Specifies interest rates, calculation methods, and any additional fees or charges
6. Repayment Terms: Sets out payment schedule, amounts, and methods of payment
7. Security: Describes the security being provided for the credit facility
8. Representations and Warranties: Statements of fact by the Debtor about their financial condition and ability to repay
9. Covenants: Ongoing obligations of the Debtor during the term of the agreement
10. Events of Default: Lists circumstances that constitute default and trigger remedies
11. Remedies: Details the Creditor's rights and remedies upon default
12. Notices: Specifies how and where formal communications between parties must be made
13. General Provisions: Standard boilerplate clauses including governing law, amendment process, and severability
1. Guarantee: Include when a third party is guaranteeing the debt obligations
2. Insurance Requirements: Include when specific insurance must be maintained on secured assets
3. Cross-Default Provisions: Include when default under other agreements should trigger default under this agreement
4. Subordination: Include when this debt needs to be subordinated to other debt obligations
5. Financial Covenants: Include when specific financial ratios or conditions must be maintained
6. Collateral Management: Include when there are specific requirements for maintaining or managing secured assets
7. Registration Rights: Include when the security interests need to be registered in specific jurisdictions
8. Currency Provisions: Include when dealing with multiple currencies or currency conversion requirements
1. Schedule A - Credit Terms: Detailed breakdown of credit facility terms, including amounts, interest rates, and payment schedules
2. Schedule B - Security Details: Detailed description of security assets and registration requirements
3. Schedule C - Payment Schedule: Amortization schedule or payment terms breakdown
4. Schedule D - Financial Covenants: Specific financial ratios and calculations required
5. Schedule E - Permitted Liens: List of pre-existing or permitted security interests on assets
6. Appendix 1 - Form of Compliance Certificate: Template for periodic compliance reporting
7. Appendix 2 - Form of Draw Request: Template for requesting draws on the credit facility
8. Appendix 3 - Security Registration Forms: Required forms for registering security interests
Authors
Banking
Financial Services
Real Estate
Manufacturing
Retail
Construction
Technology
Healthcare
Agriculture
Transportation
Energy
Mining
Professional Services
Education
Legal
Finance
Risk Management
Treasury
Compliance
Credit Operations
Collections
Business Development
Corporate Affairs
Documentation
Chief Financial Officer
Finance Director
Credit Manager
Legal Counsel
Corporate Lawyer
Risk Manager
Treasury Manager
Financial Controller
Collections Manager
Compliance Officer
Account Manager
Credit Analyst
Legal Operations Manager
Business Development Manager
Financial Analyst
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