The Investment Loan Agreement is a specialized financing document used when a lender provides funding to a borrower specifically for investment purposes in Ireland. It is particularly relevant for transactions where borrowed funds will be used for specific investment activities such as property acquisition, business expansion, or portfolio investments. The agreement must comply with Irish financial services regulations, including Central Bank requirements and EU-derived legislation. The document typically includes detailed provisions on loan mechanics, investment criteria, monitoring requirements, and risk management provisions. This type of agreement differs from standard commercial loans due to its focus on investment activities and often includes specific provisions related to the underlying investments, their performance, and associated risks. The agreement must be structured to comply with Irish law requirements regarding financial services, consumer protection (where applicable), and general contract law principles.
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Context of the investment loan, purpose, and brief description of the transaction structure
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. The Facility: Details of the loan amount, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before the loan can be drawn
6. Drawdown: Procedures and requirements for drawing down the loan
7. Interest: Interest rate, calculation methods, and payment provisions
8. Repayment: Terms of repayment including schedule, prepayment provisions, and final maturity
9. Representations and Warranties: Standard and transaction-specific representations made by the borrower
10. Covenants: Positive and negative obligations of the borrower during the loan term
11. Events of Default: Circumstances constituting default and consequences
12. Changes to Parties: Assignment and transfer provisions
13. Notices: Communication requirements and contact details
14. Calculations and Certificates: Basis for calculations and evidence of amounts due
15. General Provisions: Miscellaneous legal provisions including severability, waivers, and amendments
16. Governing Law and Jurisdiction: Irish law as governing law and jurisdiction of Irish courts
1. Security: Required if the loan is secured against specific assets or investments
2. Guarantee: Include if there is a guarantor for the loan obligations
3. Investment Conditions: Special conditions relating to the investment purpose of the loan
4. Tax Gross Up: Include if tax gross-up provisions are required
5. Increased Costs: Protection for lender against regulatory changes affecting loan costs
6. Multi-currency Provisions: Required if the loan can be drawn in multiple currencies
7. Market Disruption: Include for floating rate loans to address market disruption events
8. Regulatory Compliance: Special section for regulatory requirements if borrower is regulated entity
1. Schedule 1 - Conditions Precedent: Detailed list of required documents and conditions
2. Schedule 2 - Form of Drawdown Request: Template for borrower to request loan disbursement
3. Schedule 3 - Repayment Schedule: Detailed amortization or repayment schedule
4. Schedule 4 - Forms of Notice: Template notices for key communications
5. Schedule 5 - Investment Parameters: Detailed description of permitted investments and conditions
6. Schedule 6 - Calculation of Interest: Detailed interest calculation methodology
7. Appendix A - Security Documents: Forms of security documents if loan is secured
8. Appendix B - Compliance Certificates: Forms of periodic compliance certificates
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Investment Management
Real Estate
Private Equity
Infrastructure
Technology
Manufacturing
Healthcare
Energy
Commercial Property
Retail
Hospitality
Agriculture
Transportation & Logistics
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Credit
Investment
Corporate Finance
Portfolio Management
Operations
Business Development
Company Secretariat
Relevant Roles
Chief Financial Officer
Finance Director
Investment Manager
Legal Counsel
Compliance Officer
Risk Manager
Treasury Manager
Investment Analyst
Corporate Lawyer
Financial Controller
Business Development Director
Portfolio Manager
Relationship Manager
Credit Risk Officer
Company Secretary
Managing Director
Investment Director
Fund Manager
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