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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."
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
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
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
Banking
Financial Services
Real Estate
Manufacturing
Technology
Healthcare
Energy
Infrastructure
Retail
Hospitality
Construction
Agriculture
Transportation
Private Equity
Insurance
Legal
Finance
Treasury
Credit Risk
Compliance
Corporate Banking
Investment Banking
Portfolio Management
Transaction Management
Loan Administration
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
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