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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."
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
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
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
Financial Services
Banking
Investment Management
Real Estate
Construction
Manufacturing
Retail
Technology
Healthcare
Agriculture
Energy
Infrastructure
Professional Services
Transport and Logistics
Legal
Finance
Treasury
Risk Management
Compliance
Credit Control
Corporate Secretariat
Debt Management
Collections
Commercial Banking
Corporate Finance
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
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