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Finance Agreement
"I need a Finance Agreement governed by Belgian law for a 鈧5 million secured term loan facility between ABC Bank NV as lender and XYZ Technologies SA as borrower, with drawdown scheduled for March 2025, including specific covenants for technology sector companies."
1. Parties: Identification of the parties to the agreement, including the lender(s), borrower(s), and any guarantors
2. Background: Context of the financing arrangement and purpose of the facility
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. The Facility: Core terms of the financing, including amount, purpose, and availability
5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
6. Drawdown: Procedures and requirements for drawing down the facility
7. Interest: Interest calculation, periods, rates, 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 life of the facility
12. Events of Default: Circumstances constituting default and consequences
13. Changes to Parties: Provisions regarding assignment and transfer rights
14. Payment Mechanics: Administrative provisions for making payments
15. Notices: Communication requirements and contact details
16. Governing Law and Jurisdiction: Confirmation of Belgian law as governing law and jurisdiction provisions
1. Security: Required when the facility is secured, detailing the security package and enforcement rights
2. Guarantees: Required when third-party guarantees are part of the credit support
3. Accordion Facility: Optional section for when the facility includes the possibility of increasing the commitment amount
4. Multi-currency Provisions: Required when the facility can be drawn in multiple currencies
5. Tax Gross-up and Indemnities: Detailed tax provisions, particularly relevant for cross-border transactions
6. Increased Costs: Provisions dealing with regulatory changes affecting the lender's costs
7. Market Disruption: Provisions dealing with circumstances affecting the reference rate or market conditions
8. Anti-corruption and Sanctions: Required for international transactions or when dealing with regulated entities
1. Schedule 1 - Conditions Precedent Documents: Detailed list of required documents and conditions to be satisfied
2. Schedule 2 - Form of Drawdown Request: Template for requesting drawdowns under the facility
3. Schedule 3 - Repayment Schedule: Detailed amortization schedule if applicable
4. Schedule 4 - Form of Transfer Certificate: Template for transferring rights and obligations under the agreement
5. Schedule 5 - Form of Compliance Certificate: Template for periodic compliance certification
6. Schedule 6 - Security Documents: List and copies of security documents if applicable
7. Appendix A - Calculation of Interest Rate: Detailed methodology for interest calculations
8. Appendix B - Financial Covenants Calculations: Detailed methodology for calculating financial covenants
Authors
Banking
Financial Services
Corporate Finance
Real Estate
Manufacturing
Technology
Infrastructure
Energy
Healthcare
Retail
Transportation
Telecommunications
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit
Corporate Finance
Transaction Management
Operations
Chief Financial Officer
Finance Director
Treasury Manager
Corporate Lawyer
Legal Counsel
Compliance Officer
Credit Risk Manager
Relationship Manager
Financial Controller
Banking Officer
Corporate Finance Manager
Senior Finance Manager
Legal Director
Transaction Manager
Risk Officer
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