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Accounts Receivable Financing Agreement
"I need an Accounts Receivable Financing Agreement for my manufacturing company based in Dublin, with a facility limit of €5 million, including specific provisions for cross-border receivables from UK customers and credit insurance requirements."
1. Parties: Identifies the finance provider (Factor/Lender) and the client (Company/Seller)
2. Background: Sets out the context of the agreement, including the Company's business and its desire to finance its receivables
3. Definitions: Defines key terms used throughout the agreement, including Eligible Receivables, Purchase Price, and Collection Period
4. Sale and Purchase of Receivables: Core provisions detailing the assignment/sale of receivables and the purchase mechanism
5. Purchase Price and Payment Terms: Specifies how the purchase price is calculated, advance rate, and payment mechanics
6. Eligibility Criteria: Defines what constitutes an eligible receivable for purchase under the agreement
7. Representations and Warranties: Standard and specific warranties regarding the receivables and the company's business
8. Covenants: Ongoing obligations of the Company regarding its business and the receivables
9. Collection and Administration: Procedures for collecting receivables and managing customer relationships
10. Fees and Expenses: Details of all fees, charges, and expense reimbursements
11. Events of Default: Circumstances constituting default and consequences
12. Termination: Provisions for ending the agreement and post-termination obligations
13. Governing Law and Jurisdiction: Confirms Irish law as governing law and jurisdiction for disputes
1. Security Provisions: Required if additional security beyond assignment of receivables is taken, such as fixed and floating charges
2. Credit Insurance: Include when receivables are covered by credit insurance policies
3. Electronic Trading Platform: Required when the parties use an electronic platform for receivables administration
4. Data Protection: Detailed section required when personal data processing is extensive
5. Cross-Border Provisions: Include when receivables involve international debtors
6. Recourse Provisions: Required when the agreement includes full or partial recourse against the seller
7. Trust Arrangements: Include when collections are held on trust pending transfer
8. Currency Provisions: Required when financing involves multiple currencies
1. Eligibility Criteria Details: Detailed list of criteria for acceptable receivables
2. Form of Notice of Assignment: Template for notifying debtors of the assignment
3. Operating Procedures: Detailed procedures for daily operations and reporting
4. Fee Schedule: Detailed breakdown of all fees and charges
5. Form of Offer Notice: Template for offering receivables for sale
6. Approved Debtor List: List of pre-approved debtors and their credit limits
7. Required Reports: Templates and specifications for required reporting
8. Collection Account Details: Specifications for collection accounts and payment instructions
Authors
Manufacturing
Wholesale Distribution
Construction
Technology Services
Professional Services
Healthcare
Logistics and Transportation
Industrial Supply
Telecommunications
Food and Beverage
Retail
Finance
Legal
Treasury
Credit Control
Accounts Receivable
Operations
Risk Management
Commercial
Banking
Compliance
Chief Financial Officer
Finance Director
Treasury Manager
Credit Controller
Accounts Receivable Manager
Financial Controller
Commercial Director
Legal Counsel
Risk Manager
Operations Director
Working Capital Manager
Corporate Banking Manager
Relationship Manager
Credit Risk Analyst
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