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Drawdown Loan Agreement Template for England and Wales

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Key Requirements PROMPT example:

Drawdown Loan Agreement

"I need a Drawdown Loan Agreement for a £5 million secured facility to a manufacturing company, with quarterly interest payments and a five-year term, including specific covenants about maintaining minimum working capital ratios and EBITDA levels."

Document background
The Drawdown Loan Agreement is commonly used when a borrower requires flexible access to funding over time rather than receiving the entire loan amount upfront. This agreement, governed by English and Welsh law, is particularly useful for projects with phased funding requirements or businesses with varying capital needs. It includes detailed provisions for drawdown procedures, conditions precedent for each drawdown, interest calculations, repayment terms, and security arrangements. The agreement provides certainty and protection for both lender and borrower while maintaining flexibility in fund utilization.
Suggested Sections

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

2. Background: Context and purpose of the loan agreement

3. Definitions: Key terms used throughout the agreement

4. Facility: Details of the loan amount, purpose, and availability period

5. Drawdown Conditions: Prerequisites and conditions for drawing down the loan

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

7. Repayment: Terms and schedule for repayment of the loan

8. Representations and Warranties: Statements of fact and assurances given by the borrower

9. Covenants: Ongoing obligations of the borrower throughout the loan term

10. Events of Default: Circumstances constituting default and consequences

11. Payments: Payment mechanics, business days, and currency provisions

12. Changes to Parties: Terms governing assignment and transfer rights

13. Notices: Communication requirements and contact details

14. Governing Law and Jurisdiction: Law governing the agreement and courts having jurisdiction

Optional Sections

1. Security: Details of any collateral or security arrangements, including creation and enforcement of security interests

2. Guarantees: Terms of any guarantees provided by third parties

3. Financial Covenants: Specific financial obligations and ratios to be maintained by the borrower

4. Tax Gross Up and Indemnities: Provisions dealing with tax implications and related indemnities

5. Increased Costs: Provisions dealing with changes in law or regulations affecting the lender's costs

6. Bank Accounts: Requirements for maintaining specific bank accounts and cash management

Suggested Schedules

1. Schedule 1 - Drawdown Request Form: Template form for requesting loan drawdowns

2. Schedule 2 - Conditions Precedent: List of documents and conditions required before first drawdown

3. Schedule 3 - Repayment Schedule: Detailed schedule of repayment dates and amounts

4. Schedule 4 - Security Documents: List and copies of security documents (if applicable)

5. Schedule 5 - Form of Transfer Certificate: Template documentation for transferring loan participations

6. Schedule 6 - Form of Compliance Certificate: Template for periodic compliance reporting

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








































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Relevant Industries
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Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements in England and Wales. Applicable if the borrower is a consumer rather than a business.

Financial Services and Markets Act 2000: Key legislation regulating financial services and markets in the UK, including lending activities and financial promotions.

Small Business, Enterprise and Employment Act 2015: Legislation affecting business lending and containing provisions relevant to SME finance.

Law of Property Act 1925: Fundamental legislation governing property law in England and Wales, relevant if the loan is secured against property.

Unfair Contract Terms Act 1977: Controls the use of exclusion and limitation clauses in contracts, ensuring fairness in contractual relationships.

Consumer Rights Act 2015: Legislation protecting consumer rights and governing unfair terms in consumer contracts, applicable for consumer loans.

FCA Handbook (CONC): Regulatory sourcebook containing detailed rules and guidance for consumer credit activities regulated by the Financial Conduct Authority.

UK Money Laundering Regulations 2017: Regulations requiring proper due diligence and anti-money laundering measures in financial transactions.

LIBOR Transition Regulations: Regulations governing the transition from LIBOR to SONIA as the primary interest rate benchmark.

Financial Services Act 2021: Recent legislation amending the UK's regulatory framework for financial services post-Brexit.

Data Protection Act 2018: Legislation implementing data protection requirements and UK GDPR, relevant for handling borrower information.

Electronic Communications Act 2000: Legislation governing electronic signatures and electronic communications in contractual relationships.

Equality Act 2010: Legislation prohibiting discrimination in the provision of services, including financial services.

Consumer Protection from Unfair Trading Regulations 2008: Regulations protecting consumers from unfair commercial practices and misleading marketing.

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

Statute of Frauds 1677: Historic legislation requiring certain contracts, including guarantees, to be in writing and signed.

Late Payment of Commercial Debts (Interest) Act 1998: Legislation governing interest rates on late payments in commercial transactions.

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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