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Development Credit Agreement Template for England and Wales

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Key Requirements PROMPT example:

Development Credit Agreement

"I need a Development Credit Agreement for a £5 million residential development project in Manchester, with quarterly drawdowns and a completion date of March 2025, including specific provisions for cost overrun protection and environmental compliance."

Document background
The Development Credit Agreement is used when a developer requires financing for construction or development projects. This agreement, governed by English and Welsh law, sets out the comprehensive framework for the credit facility, including the amount, purpose, drawdown mechanisms, and repayment terms. It contains essential protections for both lender and borrower, incorporating necessary regulatory requirements and typically including detailed provisions for project monitoring, milestone achievements, and security arrangements. The agreement is particularly important for ensuring compliance with UK financial regulations and protecting the interests of all parties involved in development financing.
Suggested Sections

1. Parties: Identification and details of the lender and borrower

2. Background: Context of the development credit facility and purpose

3. Definitions: Key terms used throughout the agreement

4. Facility: Details of the credit facility, including amount and purpose

5. Conditions Precedent: Conditions that must be satisfied before drawdown

6. Drawdown: Procedures and requirements for accessing the credit

7. Interest and Fees: Interest rates, calculation methods, and applicable fees

8. Repayment Terms: Schedule and methods of repayment

9. Representations and Warranties: Statements of fact and assurances from the borrower

10. Covenants: Ongoing obligations of the borrower

Optional Sections

1. Security: Details of any collateral or guarantees - include when the credit facility is secured

2. Insurance Requirements: Required insurance coverage for the development project - include when specific insurance is required

3. Project Monitoring: Provisions for monitoring development progress - include for larger development projects

Suggested Schedules

1. Property Schedule: Details of the development property

2. Development Program: Timeline and milestones for the development

3. Form of Drawdown Notice: Template for requesting drawdowns

4. Cost Schedule: Breakdown of development costs and budget

5. Security Documents: Forms of security documents if applicable

6. Conditions Precedent Documents: List of required documents and conditions

Authors

Alex Denne

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

Relevant legal definitions











































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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements in England and Wales, establishing the framework for consumer credit regulation

Financial Services and Markets Act 2000: Core legislation establishing the regulatory framework for financial services in the UK, including credit-related activities

Consumer Rights Act 2015: Legislation protecting consumer rights and establishing rules for fair contract terms in consumer agreements

Financial Services Act 2012: Act that reformed the financial regulatory structure and established the Financial Conduct Authority (FCA)

Banking Act 2009: Legislation establishing the legal framework for banking regulation and resolution

UK Money Laundering Regulations 2017: Regulations setting out anti-money laundering requirements for financial institutions and credit agreements

Law of Property Act 1925: Fundamental legislation governing property rights and secured lending in England and Wales

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract

Unfair Contract Terms Act 1977: Act controlling the use of unfair terms in contracts, particularly exclusion clauses

Late Payment of Commercial Debts (Interest) Act 1998: Legislation governing interest charges on late commercial payments

Rome I Regulation: EU regulation (retained in UK law) determining which law applies to contractual obligations in cross-border situations

UK GDPR: Data protection regulation governing how personal data must be handled in credit agreements and related documentation

Data Protection Act 2018: UK's implementation of data protection requirements, supplementing the UK GDPR

Companies Act 2006: Primary legislation governing company law, including requirements for charges and security

Enterprise Act 2002: Legislation affecting business competition and corporate insolvency procedures

Insolvency Act 1986: Framework for handling insolvency situations, relevant for credit recovery and security enforcement

Financial Services (Banking Reform) Act 2013: Legislation implementing key banking reforms and affecting credit institution operations

Payment Services Regulations 2017: Regulations governing payment services and payment mechanisms in credit arrangements

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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