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Financing Contract Agreement
"I need a Financing Contract Agreement for a €5 million term loan to a technology company, with quarterly repayments over 5 years starting March 2025, including standard financial covenants and security over the company's intellectual property assets."
1. Parties: Identification of the lender, borrower, and any other parties to the agreement
2. Background: Context of the financing arrangement and purpose of the facility
3. Definitions and Interpretation: Defined terms, rules of interpretation, and currency conventions
4. The Facility: Details of the loan amount, purpose, and availability period
5. Conditions Precedent: Documents and conditions required before drawdown
6. Drawdown: Process and requirements for utilization of the facility
7. Interest: Interest rate, calculation periods, and payment terms
8. Repayment: Terms for repayment of principal and prepayment provisions
9. Fees and Expenses: All fees payable and allocation of costs
10. Tax Provisions: Tax-related obligations and gross-up provisions
11. Representations and Warranties: Statements of fact and assurances from the borrower
12. Covenants: Positive and negative obligations of the borrower
13. Events of Default: Circumstances constituting default and consequences
14. Changes to Parties: Assignment and transfer provisions
15. Administration: Calculation of payments, business days, and communication methods
16. Governing Law and Jurisdiction: Choice of Irish law and jurisdiction provisions
17. Execution: Signature blocks and execution formalities
1. Security: Required when the facility is secured - details of security arrangements and enforcement
2. Guarantee: Required when there are guarantors - terms of guarantee and indemnity
3. Insurance: Required for secured facilities or where specific insurance is needed - insurance requirements and provisions
4. Regulatory Compliance: Enhanced section required for regulated borrowers or specific regulated activities
5. Intercreditor Provisions: Required when there are multiple lenders or ranking of security
6. Property Provisions: Required when facility is secured by real estate - specific property-related covenants
7. Construction Provisions: Required for development or construction financing
8. Hedging Obligations: Required when interest rate or currency hedging is mandatory
9. Agency and Trust: Required in syndicated facilities with an agent or security trustee
1. Schedule 1 - Conditions Precedent: Detailed list of required documents and conditions
2. Schedule 2 - Form of Drawdown Request: Template for borrower to request utilization
3. Schedule 3 - Repayment Schedule: Amortization schedule if term loan
4. Schedule 4 - Form of Compliance Certificate: Template for periodic compliance reporting
5. Schedule 5 - Form of Transfer Certificate: Template for transferring loan participations
6. Schedule 6 - Financial Covenants: Detailed financial covenant calculations and definitions
7. Schedule 7 - Security Documents: List and forms of required security documents
8. Schedule 8 - Existing Security: Details of permitted existing security
9. Schedule 9 - Group Structure: Corporate structure chart of borrower group
10. Appendix A - Form of Legal Opinions: Required format for legal opinions
11. Appendix B - Form of Accession Deed: Template for additional parties joining the agreement
Authors
Banking & Financial Services
Real Estate & Construction
Manufacturing
Technology
Healthcare
Retail
Energy & Utilities
Transportation & Logistics
Agriculture
Hospitality & Tourism
Education
Professional Services
Media & Entertainment
Telecommunications
Legal
Finance
Compliance
Risk Management
Treasury
Credit
Operations
Corporate Banking
Commercial Banking
Corporate Secretariat
Business Development
Investment
Relationship Management
Transaction Management
Chief Financial Officer
Finance Director
Legal Counsel
Compliance Officer
Risk Manager
Treasury Manager
Credit Manager
Corporate Banker
Relationship Manager
Financial Controller
Company Secretary
Legal Director
Debt Finance Manager
Commercial Director
Operations Director
Managing Director
Business Development Manager
Investment Manager
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