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Model Credit Agreement Template for United States

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Key Requirements PROMPT example:

Model Credit Agreement

"Need a Model Credit Agreement for a secured term loan facility of $50 million to finance the acquisition of manufacturing assets, with a syndicate of three banks and quarterly financial covenants, to be signed by March 2025."

Document background
The Model Credit Agreement serves as a foundational document for establishing credit facilities in the United States, incorporating key regulatory requirements and market standards. This agreement type is used when parties need a comprehensive framework for lending arrangements, whether for corporate financing, acquisition financing, or general corporate purposes. The document addresses crucial aspects such as facility terms, security arrangements, covenant packages, and regulatory compliance requirements. It reflects current U.S. market practice while providing flexibility to accommodate specific transaction requirements.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including lender(s), borrower(s), and any guarantors

2. Background: Sets forth the context and purpose of the credit facility

3. Definitions: Defines key terms used throughout the agreement

4. Facility Details: Specifies loan amount, interest rate, maturity date, and payment terms

5. Conditions Precedent: Lists conditions that must be satisfied before funding

6. Representations and Warranties: Borrower's statements of fact about its legal and financial condition

7. Covenants: Ongoing obligations of the borrower during the loan term

8. Events of Default: Circumstances that allow lender to accelerate the loan

9. Remedies: Lender's rights upon occurrence of an event of default

Optional Sections

1. Security: Details of collateral securing the loan - used when loan is secured by assets

2. Guarantees: Terms of any guarantees provided - used when third-party guarantees are part of credit support

3. Accordion Provisions: Terms for increasing facility amount - used when facility may be expanded in future

Suggested Schedules

1. Schedule of Lenders: Lists all lenders and their commitments in syndicated facilities

2. Form of Borrowing Notice: Standard form for requesting loan advances

3. Form of Compliance Certificate: Template for periodic compliance reporting

4. Schedule of Security: Details of collateral and security interests for secured facilities

5. Form of Assignment and Assumption: Template for transfers of lending commitments

6. Schedule of Existing Indebtedness: Lists borrower's existing debt obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Truth in Lending Act (TILA) and Regulation Z: Federal law that requires lenders to provide standardized disclosures about credit terms and costs, ensuring transparency in lending practices.

Equal Credit Opportunity Act (ECOA) and Regulation B: Prohibits discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or receipt of public assistance.

Fair Credit Reporting Act (FCRA): Regulates the collection, dissemination, and use of consumer credit information, ensuring accuracy and privacy of credit reporting.

Consumer Credit Protection Act: Comprehensive legislation that protects consumers in credit transactions, including provisions for garnishment and debt collection practices.

Dodd-Frank Wall Street Reform: Extensive financial regulatory reform law that established the Consumer Financial Protection Bureau and introduced new oversight requirements for financial institutions.

Uniform Commercial Code (UCC) Article 9: Governs secured transactions and provides rules for creation, perfection, and enforcement of security interests in personal property.

Federal Reserve Requirements: Regulations establishing standards for banking operations, including capital requirements and lending practices.

State Usury Laws: State-specific regulations that set maximum interest rates and terms for various types of loans and credit agreements.

Bankruptcy Code Implications: Federal laws affecting creditor rights and remedies in the event of borrower bankruptcy, including automatic stay and priority rules.

FATCA: Foreign Account Tax Compliance Act requirements for reporting and documentation when international parties are involved in credit transactions.

Bank Secrecy Act: Anti-money laundering requirements including customer identification, transaction monitoring, and suspicious activity reporting.

PATRIOT Act: Requirements for customer identification and verification procedures in financial transactions to prevent terrorism financing.

State Consumer Protection Laws: State-specific regulations protecting consumers in credit transactions, including disclosure requirements and unfair practice prohibitions.

Securities Laws: Federal securities regulations including Securities Act of 1933 and Exchange Act of 1934, applicable if the credit agreement involves securities.

Internal Revenue Code Provisions: Tax implications and requirements related to credit agreements, including treatment of interest, debt forgiveness, and original issue discount rules.

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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