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Pro Forma Credit Agreement Template for United States

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Key Requirements PROMPT example:

Pro Forma Credit Agreement

"Need a Pro Forma Credit Agreement for a $10M secured facility to finance the acquisition of manufacturing equipment, with quarterly repayments starting March 2025 and including standard financial covenants for the manufacturing sector."

Document background
The Pro Forma Credit Agreement serves as a template document for lending transactions in the United States, providing a standardized framework that can be customized based on specific transaction requirements. It is commonly used when establishing new credit facilities or refinancing existing ones, incorporating key provisions required by U.S. banking regulations and state laws. The agreement typically includes comprehensive terms covering facility details, security arrangements, operational requirements, and compliance obligations, while allowing flexibility to accommodate various lending structures and borrower needs.
Suggested Sections

1. Parties: Identification of lender(s) and borrower(s), including legal entity details

2. Background: Context of the credit facility and purpose of the loan

3. Definitions: Key terms used throughout the agreement

4. Facility Details: Amount, purpose, and type of credit facility

5. Interest and Fees: Interest rate, calculation method, and applicable fees

6. Repayment Terms: Payment schedule, prepayment provisions

7. Representations and Warranties: Borrower's statements about its condition and ability to repay

8. Covenants: Ongoing obligations of the borrower

9. Events of Default: Circumstances constituting default and remedies

Optional Sections

1. Security: Details of collateral and security arrangements for secured credit facilities

2. Guarantees: Terms of any third-party guarantees when required for the facility

3. Syndication Provisions: Terms governing multiple lenders for syndicated facilities

Suggested Schedules

1. Schedule of Definitions: Detailed definitions of terms used in the agreement

2. Schedule of Conditions Precedent: List of conditions to be satisfied before drawdown

3. Schedule of Security: Details of security arrangements and collateral

4. Schedule of Fees: Detailed breakdown of all applicable fees

5. Form of Drawdown Notice: Template for requesting loan disbursements

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

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

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Industries

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

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

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

Dodd-Frank Act: Comprehensive financial reform legislation that established new regulatory requirements and consumer protections in the financial sector

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

Federal Reserve Board Regulations: Banking regulations issued by the Federal Reserve that govern various aspects of lending and banking operations

OCC Regulations: Regulatory framework established by the Office of the Comptroller of the Currency for national banks and federal savings associations

FDIC Requirements: Deposit insurance and banking regulations that ensure safety and soundness in the banking system

Bank Secrecy Act: Requires financial institutions to assist government agencies in detecting and preventing money laundering

Securities Act of 1933: Regulates the offer and sale of securities, requiring registration and disclosure of financial information

Securities Exchange Act of 1934: Governs secondary market trading and establishes the SEC's regulatory authority over securities markets

State Usury Laws: State-specific laws that set maximum interest rates and regulate other lending terms

KYC Requirements: Know Your Customer protocols requiring verification of client identity and assessment of potential risks

AML Regulations: Anti-Money Laundering regulations requiring procedures to prevent, detect, and report suspicious financial activities

PATRIOT Act: Includes provisions for strengthening anti-money laundering procedures and enhancing financial institution security

OFAC Compliance: Office of Foreign Assets Control regulations requiring screening against sanctions lists and prohibited transactions

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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