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Debt Facility Agreement
"I need a Belgian law Debt Facility Agreement for a 鈧50 million secured term loan facility between ABC Bank SA as lender and XYZ Manufacturing NV as borrower, with quarterly repayments over 5 years starting March 2025 and including standard financial covenants for a manufacturing company."
1. Parties: Identification of the lender(s), borrower(s), and any other parties to the agreement
2. Background: Context of the facility agreement and brief description of the transaction
3. Definitions and Interpretation: Definitions of terms used throughout the agreement and rules of interpretation
4. The Facility: Details of the loan facility, including amount, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before the facility can be drawn
6. Drawdown: Procedures and requirements for drawing down the facility
7. Interest: Interest rate, calculation methods, and payment provisions
8. Repayment: Terms and schedule for repayment of the facility
9. Prepayment: Provisions for voluntary and mandatory prepayment
10. Representations and Warranties: Statements of fact and assurances given by the borrower
11. Covenants: Positive and negative obligations of the borrower during the facility period
12. Events of Default: Circumstances that constitute default and consequences
13. Changes to Parties: Provisions for transfer, assignment, and succession
14. Payments: Payment mechanics, currency, and timing
15. Costs and Expenses: Allocation of costs and expenses related to the facility
16. Notices: Communication requirements and contact details
17. Governing Law and Jurisdiction: Confirmation of Belgian law governance and jurisdiction for disputes
1. Security: Include when the facility is secured by specific assets or guarantees
2. Syndication Provisions: Required for facilities involving multiple lenders or potential syndication
3. Accordion Facility: Optional section for when the facility includes provisions for future increases
4. Tax Gross-Up and Indemnities: Detailed tax provisions when cross-border elements exist
5. Increased Costs: Provisions for regulatory changes affecting lender costs
6. Market Disruption: Provisions for dealing with market disruption events
7. Multiple Currencies: Include when the facility can be drawn in different currencies
8. Agency and Security Trustee Provisions: Required when facility involves an agent or security trustee
9. Subordination: Include when there are multiple creditors requiring subordination arrangements
1. Conditions Precedent Documents: List of required documents and conditions to be satisfied
2. Form of Drawdown Request: Template for borrower to request drawdown of the facility
3. Repayment Schedule: Detailed schedule of repayment dates and amounts
4. Form of Transfer Certificate: Template for transferring commitments between lenders
5. Security Documents: List and/or copies of security documents
6. Financial Covenants: Detailed financial covenants and calculation methods
7. Form of Compliance Certificate: Template for periodic compliance certification
8. Contact Details: Detailed contact information for all parties
9. Existing Security: Details of any existing security interests
10. Form of Accession Deed: Template for new parties joining the agreement
Authors
Banking & Financial Services
Real Estate
Manufacturing
Technology
Healthcare
Energy & Utilities
Infrastructure
Retail
Telecommunications
Professional Services
Agriculture
Transportation & Logistics
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit Analysis
Transaction Management
Portfolio Management
Corporate Secretariat
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Compliance Officer
Credit Risk Manager
Relationship Manager
Banking Officer
Finance Manager
Corporate Secretary
Financial Controller
Risk Officer
Transaction Manager
Portfolio Manager
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