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Creditor Agreement Template for Ireland

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Key Requirements PROMPT example:

Creditor Agreement

"I need a Creditor Agreement under Irish law for a €5 million term loan facility between our investment firm as creditor and a mid-sized manufacturing company, with quarterly repayments and security over the borrower's equipment and receivables."

Document background
The Creditor Agreement is a fundamental legal document used in financing transactions under Irish law, establishing the framework for lending relationships between creditors and debtors. It is typically employed when providing term loans, revolving credit facilities, or other financing arrangements, whether for commercial or consumer purposes. The agreement must comply with Irish financial regulations, including the Consumer Credit Act 1995 and Central Bank regulations where applicable, as well as relevant EU directives. It contains comprehensive provisions covering credit terms, security arrangements, representations and warranties, covenants, events of default, and enforcement mechanisms. This document is crucial for protecting the interests of both the creditor and debtor, ensuring clarity in their obligations and rights, and providing a clear framework for managing the lending relationship throughout its lifecycle.
Suggested Sections

1. Parties: Identifies and defines the Creditor and Debtor, including full legal names, addresses, and registration details if companies

2. Background: Sets out the context of the agreement, including the purpose of the credit facility and any relevant pre-contractual discussions

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules of interpretation

4. The Facility: Details the credit amount, purpose, and any conditions precedent to drawdown

5. Interest and Fees: Specifies interest rates (including default interest), calculation methods, and any applicable fees

6. Repayment Terms: Sets out the repayment schedule, payment methods, and early repayment provisions

7. Representations and Warranties: Contains statements of fact and assurances given by the Debtor

8. Covenants: Details ongoing obligations of the Debtor, including financial covenants and information requirements

9. Events of Default: Lists circumstances that constitute default and the consequences thereof

10. Enforcement and Remedies: Outlines the Creditor's rights and remedies upon default

11. Notices: Specifies how formal communications between parties should be made

12. Governing Law and Jurisdiction: Confirms Irish law as governing law and jurisdiction for disputes

Optional Sections

1. Security: Required when the credit facility is secured against specific assets or guarantees

2. Guarantees: Include when there are third-party guarantors for the debt

3. Insurance Requirements: Include when specific insurance coverage is required for secured assets or the Debtor

4. Subordination Provisions: Required when there are multiple creditors and priority needs to be established

5. Tax Provisions: Include detailed tax provisions when cross-border elements exist or specific tax implications need addressing

6. Assignment and Transfer: Include when either party may need to transfer their rights or obligations

7. Data Protection: Required when personal data processing is involved, especially for consumer creditor agreements

8. Force Majeure: Optional protection against unforeseen circumstances preventing performance

Suggested Schedules

1. Repayment Schedule: Detailed breakdown of repayment dates and amounts

2. Security Details: Detailed description of any security assets and their valuation

3. Conditions Precedent: List of documents and conditions required before drawdown

4. Form of Drawdown Notice: Template for requesting drawdown of the facility

5. Financial Covenants Calculations: Formulas and methods for calculating financial covenants

6. Guarantor Documents: Forms of guarantee and guarantor certificates

7. Insurance Requirements: Detailed specifications of required insurance coverage

8. Standard Forms: Templates for compliance certificates and other routine notices

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

































































Clauses








































Relevant Industries

Financial Services

Banking

Investment Management

Real Estate

Construction

Manufacturing

Retail

Technology

Healthcare

Agriculture

Energy

Infrastructure

Professional Services

Transport and Logistics

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Credit Control

Corporate Secretariat

Debt Management

Collections

Commercial Banking

Corporate Finance

Relevant Roles

Chief Financial Officer

Finance Director

Treasury Manager

Credit Manager

Risk Manager

Legal Counsel

Compliance Officer

Corporate Lawyer

Banking Relationship Manager

Credit Risk Officer

Financial Controller

Debt Management Officer

Corporate Secretary

Account Manager

Credit Analyst

Collections Manager

Industries









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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