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Recourse Loan Agreement Template for Switzerland

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Key Requirements PROMPT example:

Recourse Loan Agreement

"I need a Swiss law Recourse Loan Agreement for a CHF 5 million facility between a Swiss bank and a manufacturing company, with quarterly repayments starting March 2025 and including security over the company's equipment."

Document background
The Recourse Loan Agreement is a fundamental financing document used when a lender requires comprehensive rights to recover the loan amount from a borrower's assets. Under Swiss law, this agreement must comply with the Swiss Code of Obligations and related financial regulations, making it particularly suitable for both domestic and international lending transactions where parties seek the stability and predictability of Swiss law. The document is typically used in corporate lending, real estate financing, and general commercial loans where the lender requires strong enforcement rights. It includes essential provisions for loan disbursement, interest calculation, repayment terms, events of default, and enforcement mechanisms, while incorporating specific Swiss law requirements regarding form, content, and execution.
Suggested Sections

1. Parties: Identification of the lender and borrower with full legal names and addresses

2. Background: Context of the loan arrangement and relationship between the parties

3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement

4. The Loan: Core terms including loan amount, purpose, and recourse nature of the facility

5. Drawdown: Conditions and procedures for drawing down the loan

6. Interest: Interest rate, calculation method, and payment terms

7. Repayment: Repayment schedule, prepayment terms, and final maturity

8. Recourse and Recovery: Explicit provisions regarding lender's recourse rights against borrower's assets

9. Representations and Warranties: Borrower's confirmations regarding their status and ability to enter into the agreement

10. Covenants: Ongoing obligations of the borrower during the loan term

11. Events of Default: Circumstances constituting default and consequences

12. Taxes and Costs: Allocation of tax liabilities and transaction costs

13. Notices: Communication procedures between parties

14. Assignment and Transfer: Rules for transferring rights under the agreement

15. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction

16. Miscellaneous: Standard boilerplate provisions including severability and entire agreement

Optional Sections

1. Security: Include when specific assets are pledged as additional security

2. Guarantees: Include when third-party guarantees are part of the arrangement

3. Insurance: Include when specific insurance requirements are imposed on the borrower

4. Information Undertakings: Include for complex loans requiring ongoing financial reporting

5. Financial Covenants: Include when specific financial metrics must be maintained

6. Account Bank Arrangements: Include when specific bank accounts must be maintained for loan purposes

7. Syndication Provisions: Include when the loan may be syndicated to multiple lenders

Suggested Schedules

1. Drawdown Notice: Form of notice for requesting loan disbursement

2. Repayment Schedule: Detailed amortization schedule if installment repayment

3. Conditions Precedent: List of documents and conditions required before drawdown

4. Calculation of Interest: Detailed methodology for interest calculation

5. Form of Compliance Certificate: Template for periodic compliance reporting

6. Security Details: Details of any security arrangements if applicable

7. Contact Details: List of authorized contacts and notice addresses

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























































Clauses










































Relevant Industries

Banking

Financial Services

Real Estate

Manufacturing

Technology

Healthcare

Energy

Infrastructure

Retail

Hospitality

Construction

Agriculture

Transportation

Private Equity

Insurance

Relevant Teams

Legal

Finance

Treasury

Credit Risk

Compliance

Corporate Banking

Investment Banking

Portfolio Management

Transaction Management

Loan Administration

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Legal Counsel

Corporate Lawyer

Loan Officer

Credit Risk Manager

Relationship Manager

Compliance Officer

Financial Controller

Investment Manager

Portfolio Manager

Banking Executive

Risk Officer

Transaction Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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