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Lc Facility
"I need an LC Facility Agreement under Swiss law for a CHF 50 million trade finance facility with multiple banks, where my manufacturing company needs to issue LCs to various suppliers in Asia, with the facility to commence in March 2025."
1. Parties: Identification of the borrower, lender/LC issuing bank, and any other parties
2. Background: Context of the facility and purpose of the agreement
3. Definitions and Interpretation: Defined terms, construction rules, and reference to UCP 600
4. The Facility: Basic terms of the LC facility including amount, purpose, and availability period
5. Utilisation: Process and conditions for requesting LC issuance
6. Letters of Credit: Provisions regarding LC issuance, form, duration, and renewal
7. Fees and Commissions: LC issuance fees, commitment fees, and other charges
8. Payment and Cash Cover: Payment mechanics and cash collateral requirements
9. Representations: Standard and LC-specific representations by the borrower
10. Undertakings: General and specific covenants applicable to the facility
11. Events of Default: Default triggers and consequences
12. Changes to Parties: Transfer and assignment provisions
13. Administration: Administrative provisions including notices and calculations
14. Governing Law and Jurisdiction: Swiss law and jurisdiction provisions
1. Security: Required if the facility is secured by collateral or guarantees
2. Increased Costs and Tax Gross-up: Include if there are cross-border elements or tax implications
3. Multiple Currency Provisions: Required if LCs can be issued in multiple currencies
4. Bank Guarantee Provisions: Include if the facility allows for bank guarantees alongside LCs
5. Agent Provisions: Required in case of multiple lenders/banks
6. Compliance Provisions: Enhanced compliance sections for specific industry sectors or high-risk jurisdictions
1. Form of Utilisation Request: Standard form for requesting LC issuance
2. Form of Letter of Credit: Template LC format acceptable to the issuing bank
3. Conditions Precedent: List of required documents and conditions
4. Fee Schedule: Detailed breakdown of all applicable fees and charges
5. Form of Transfer Certificate: Template for transferring rights under the facility
6. Approved LC Beneficiaries: If applicable, list of pre-approved LC beneficiaries
7. Compliance Documents: Required forms and certificates for ongoing compliance
8. Security Documents: If secured, forms of security documentation
Authors
Banking and Financial Services
International Trade
Manufacturing
Import/Export
Commodities Trading
Retail
Construction
Energy
Shipping and Logistics
Agriculture
Mining and Resources
Legal
Finance
Treasury
Trade Finance
Compliance
Risk Management
Corporate Banking
Credit Administration
Operations
International Banking
Documentary Credits
Chief Financial Officer
Treasury Manager
Trade Finance Manager
Finance Director
Legal Counsel
Compliance Officer
Credit Risk Manager
Relationship Manager (Banking)
Trade Operations Manager
Corporate Banking Officer
Documentary Credits Specialist
Senior Finance Manager
Banking Operations Manager
Import/Export Manager
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