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Debenture Loan Agreement Template for Ireland

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Key Requirements PROMPT example:

Debenture Loan Agreement

"Need a Debenture Loan Agreement for a €5 million facility to an Irish manufacturing company, with fixed charges over plant machinery and floating charges over inventory, to be completed by March 2025."

Document background
A Debenture Loan Agreement is a crucial financial instrument used in Irish corporate lending transactions where security is required over company assets. This document type is commonly used when a company needs to borrow funds while providing comprehensive security to the lender. It combines the features of a loan agreement with security arrangements, typically creating both fixed and floating charges over the borrower's assets. The agreement must comply with Irish law, particularly the Companies Act 2014 and relevant EU regulations, and requires registration with the Companies Registration Office. The document details loan terms, security arrangements, covenants, events of default, and enforcement mechanisms, providing lenders with robust protection while giving borrowers access to needed financing. It's particularly relevant for medium to large corporate borrowings where substantial assets are available as security.
Suggested Sections

1. Parties: Identification of the lender, borrower, and any security trustee or guarantors

2. Background: Context of the agreement, including purpose of the loan and security arrangement

3. Definitions and Interpretation: Defined terms, rules of interpretation, and construction

4. The Facility: Terms of the loan, including amount, purpose, and drawdown conditions

5. Interest and Fees: Interest calculation, payment dates, default interest, and applicable fees

6. Repayment and Prepayment: Repayment schedule, prepayment terms, and mandatory prepayment events

7. Security: Creation and terms of the security interest over the charged assets

8. Representations and Warranties: Borrower's confirmations regarding its status, capacity, and charged assets

9. Covenants: Positive and negative undertakings of the borrower

10. Events of Default: Circumstances constituting default and consequences

11. Enforcement: Rights and remedies of the lender upon default, including appointment of receiver

12. Payments: Payment mechanics, currency, and tax provisions

13. Changes to Parties: Assignment and transfer provisions

14. Notices: Communication requirements and contact details

15. Miscellaneous: Standard boilerplate provisions including severability, amendments, and counterparts

Optional Sections

1. Guarantees: Include when third-party guarantees are part of the security package

2. Intercreditor Provisions: Required when there are multiple creditors or ranks of debt

3. Property Specific Provisions: Include when real property forms part of the security package

4. IP Rights: Required when intellectual property is part of the charged assets

5. Bank Accounts: Include when specific account security arrangements are required

6. Insurance: Detailed insurance requirements when specific insurance coverage is crucial

7. Financial Covenants: Include when financial ratios and tests are required

8. Security Trustee Provisions: Required when a security trustee structure is used

Suggested Schedules

1. Form of Drawdown Request: Template for borrower to request loan disbursements

2. Conditions Precedent: List of required documents and conditions for loan effectiveness

3. Properties: Details of any real property forming part of the security

4. Charged Assets: Detailed description of all assets subject to the security

5. Required Insurance: Specifications for required insurance coverage

6. Form of Compliance Certificate: Template for periodic compliance certification

7. Repayment Schedule: Detailed schedule of repayment dates and amounts

8. Notice Details: Contact information for all parties

9. Form of Transfer Certificate: Template for transferring rights under the agreement

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

Banking

Financial Services

Real Estate

Manufacturing

Technology

Healthcare

Retail

Infrastructure

Energy

Transportation

Agriculture

Construction

Professional Services

Relevant Teams

Legal

Finance

Treasury

Risk Management

Compliance

Corporate Secretariat

Credit

Commercial

Corporate Banking

Investment

Operations

Relevant Roles

Chief Financial Officer

Finance Director

Corporate Lawyer

Legal Counsel

Treasury Manager

Risk Manager

Company Secretary

Commercial Director

Credit Manager

Compliance Officer

Banking Relationship Manager

Security Trustee

Corporate Banking Officer

Investment Manager

Financial Controller

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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