The Loan Facility Agreement is a fundamental financing document used when establishing credit facilities in the United States. This agreement type is essential for both bilateral and syndicated lending arrangements, providing a legally binding framework that governs the entire lending relationship. It includes crucial provisions required by U.S. federal and state banking regulations, defines the rights and obligations of all parties, and establishes security and enforcement mechanisms. The document is particularly important for ensuring compliance with U.S. banking laws while providing flexibility for various types of lending facilities.
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1. Parties: Identification of lender(s) and borrower(s), including full legal names and addresses
2. Background: Recitals explaining the context and purpose of the loan facility
3. Definitions: Key terms used throughout the agreement and their meanings
4. Facility Details: Amount, purpose, availability period, and type of facility
5. Interest and Fees: Interest rate, calculation method, payment dates, and applicable fees
6. Repayment Terms: Repayment schedule, prepayment provisions, and payment mechanics
7. Conditions Precedent: Conditions that must be satisfied before drawdown
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Covenants: Positive and negative obligations of the borrower during the loan term
10. Events of Default: Circumstances that trigger default and remedies available
1. Security: Details of any collateral or guarantees - used for secured facilities
2. Accordion Feature: Provisions for increasing facility amount - used when facility may need to be expanded
3. Multi-currency Provisions: Terms for different currency drawings - used for multi-currency facilities
4. Syndication Provisions: Terms governing multiple lenders - used for syndicated facilities
1. Form of Drawdown Notice: Template for requesting loan disbursements
2. Repayment Schedule: Detailed payment dates and amounts
3. Conditions Precedent Documents: List of required documents for drawdown
4. Security Documents: Details of security arrangements and documentation
5. Fee Schedule: Detailed breakdown of all applicable fees
6. Form of Compliance Certificate: Template for periodic compliance reporting
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