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Financial Support Agreement
"I need a Financial Support Agreement under Swiss law for a parent company providing CHF 10 million support to its Swiss subsidiary, with quarterly reporting requirements and FINMA compliance provisions, to be effective from March 2025."
1. Parties: Identification of the financial support provider and recipient, including full legal names, registration details, and addresses
2. Background: Context of the financial support arrangement, relationship between parties, and purpose of the agreement
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Amount and Nature of Financial Support: Detailed specification of the financial support amount, type (loan, guarantee, etc.), and any conditions precedent
5. Terms of Support: Duration, interest rates (if applicable), repayment terms, and conditions for continuation of support
6. Disbursement Mechanics: Procedures and requirements for requesting and receiving financial support
7. Representations and Warranties: Statements of fact and assurances from both parties
8. Covenants: Ongoing obligations of both parties during the term of the agreement
9. Events of Default: Circumstances that constitute default and their consequences
10. Remedies: Actions available to parties in case of breach or default
11. Termination: Circumstances and procedures for ending the agreement
12. Notices: Communication procedures between parties
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including amendments, assignment, and severability
1. Security: Include when financial support is secured by collateral or guarantees
2. Regulatory Compliance: Detailed section needed when either party is subject to specific financial regulations
3. Tax Provisions: Include when tax implications require specific handling or documentation
4. Currency and Exchange Rates: Required for cross-border financial support involving multiple currencies
5. Step-In Rights: Include when provider needs right to take control in specific circumstances
6. Information Rights: Detailed reporting requirements when regular monitoring is needed
7. Subordination: Include when the financial support needs to be subordinated to other obligations
8. Force Majeure: Include when specific market or economic conditions might affect the support arrangement
1. Payment Schedule: Detailed timeline and amounts for disbursement and repayment
2. Form of Disbursement Request: Template for requesting financial support disbursements
3. Conditions Precedent Documents: List of required documents and conditions to be met before support begins
4. Security Documents: Details of any collateral or security arrangements
5. Compliance Certificates: Templates for regular compliance reporting
6. Financial Covenants Calculations: Formulas and methods for calculating financial covenants
7. Contact Details: List of authorized representatives and contact information
8. Required Regulatory Approvals: List of necessary regulatory approvals and their status
Authors
Banking and Financial Services
Investment Management
Corporate Finance
Private Equity
Real Estate
Manufacturing
Technology
Healthcare
Energy
Infrastructure
Retail
Hospitality
Education
Non-Profit Organizations
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Development
Credit
Investment
Business Development
Accounting
Corporate Governance
Regulatory Affairs
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Compliance Officer
Treasury Manager
Financial Controller
Risk Manager
Investment Manager
Banking Relationship Manager
Corporate Finance Manager
Credit Risk Officer
Senior Finance Manager
General Counsel
Company Secretary
Financial Analyst
Business Development Director
Restructuring Manager
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