The Revenue Loan Agreement is designed for businesses seeking alternative financing solutions where traditional fixed-payment loans may not be suitable. This document type is particularly relevant in the Irish market where growing companies need flexible financing options that align with their revenue patterns. The agreement details the complete framework for a revenue-based loan, including specific provisions for revenue calculations, payment mechanics, reporting obligations, and compliance requirements under Irish law. It's commonly used by scale-ups and companies with recurring revenue models who prefer to link their repayment obligations to their business performance. The document ensures compliance with Irish financial services regulations while providing both lender and borrower with clear guidelines on their respective rights and obligations.
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1. Parties: Identification of the Lender and Borrower with full legal names and addresses
2. Background: Context of the agreement, including purpose of the loan and brief description of the revenue-sharing arrangement
3. Definitions and Interpretation: Definitions of key terms including 'Revenue', 'Payment Period', 'Percentage Rate', and interpretation rules
4. The Loan: Details of the loan amount, drawdown conditions, and purpose restrictions
5. Revenue Calculations and Payments: Methodology for calculating revenue, payment percentage, payment frequency, and measurement periods
6. Payment Mechanics: Details of payment procedures, bank accounts, and payment calculations
7. Revenue Reporting Requirements: Borrower's obligations regarding revenue reporting, frequency, and format of reports
8. Financial Covenants: Financial maintenance covenants and revenue-related undertakings
9. Representations and Warranties: Standard and revenue-specific representations and warranties
10. Information Undertakings: Requirements for financial statements, revenue reports, and other information
11. General Undertakings: General obligations of the borrower regarding business operations and revenue generation
12. Events of Default: Circumstances constituting default, including revenue-related defaults
13. Changes to Parties: Provisions regarding assignment and transfer rights
14. Administration: Administrative provisions including notices and calculations
15. Governing Law and Jurisdiction: Confirmation of Irish law and jurisdiction
1. Security: Required if the loan is secured against any assets
2. Guarantee: Required if there are any guarantors for the loan
3. Minimum Payment Provisions: Include if there are minimum payment requirements regardless of revenue
4. Maximum Payment Cap: Include if there is a cap on the maximum payment amount or total repayment
5. Early Repayment: Include if early repayment is permitted and any associated terms
6. Revenue Verification Rights: Detailed audit rights if more extensive than standard reporting requirements
7. Intellectual Property Protection: Required if the revenue is significantly dependent on IP assets
8. Multiple Borrower Provisions: Required if there are multiple borrowers or operating entities
1. Schedule 1 - Conditions Precedent: List of documents and conditions required before drawdown
2. Schedule 2 - Form of Drawdown Request: Template for requesting loan disbursement
3. Schedule 3 - Revenue Calculation Methodology: Detailed methodology for calculating qualifying revenue
4. Schedule 4 - Form of Revenue Report: Template for periodic revenue reporting
5. Schedule 5 - Excluded Revenue: List of revenue streams excluded from calculations
6. Schedule 6 - Financial Covenants Calculations: Detailed methodology for calculating financial covenants
7. Schedule 7 - Group Structure Chart: Corporate structure of borrower group if applicable
8. Appendix A - Agreed Form Documents: Forms of key notices and certificates referenced in the agreement
Relevant legal definitions
Clauses
Relevant Industries
Technology and Software
E-commerce
Subscription Services
Healthcare Services
Professional Services
Media and Entertainment
Manufacturing
Retail
Financial Services
Telecommunications
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Development
Business Development
Accounting
Executive Leadership
Corporate Governance
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Commercial Director
Treasury Manager
Financial Controller
Compliance Officer
Risk Manager
Business Development Director
Company Secretary
Chief Executive Officer
Accounts Manager
Corporate Lawyer
Investment Manager
Credit Manager
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