The Bond Promissory Note is a specialized financial instrument used in the Swiss market for debt financing transactions. It serves as a formal documentation of debt obligations, particularly suitable for companies seeking to raise capital through private placements or structured financing arrangements. The document incorporates specific requirements under Swiss law, including compliance with the Swiss Code of Obligations and financial market regulations. It contains detailed terms regarding the principal amount, interest calculations, payment schedules, and transfer rights. The Bond Promissory Note format is especially valuable when entities need a more streamlined alternative to traditional bond issuances while maintaining the security and transferability features of debt securities. This instrument is commonly used in both domestic Swiss transactions and cross-border financing arrangements where Swiss law is chosen for its reliability and well-established legal framework.
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1. Parties: Identification of the issuer (promisor) and the initial holder (promisee) of the bond promissory note
2. Background: Context of the issuance, including the purpose of the bond and any relevant corporate approvals
3. Definitions: Key terms used throughout the document, including financial terms, dates, and technical definitions
4. Principal Amount and Currency: Specification of the bond amount and denomination currency
5. Interest Rate and Calculation: Details of interest rate, calculation method, and payment frequency
6. Issue Date and Maturity: Specification of when the bond is issued and when it matures
7. Payment Terms: Terms for payment of principal and interest, including payment dates and methods
8. Transfer and Assignment: Provisions governing how the note can be transferred or assigned to other parties
9. Events of Default: Circumstances that constitute default and consequences thereof
10. Notices: Requirements for formal communications between parties
11. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Security: Include when the bond is secured by specific assets or guarantees
2. Conversion Rights: Include for convertible bonds that can be converted into other securities
3. Early Redemption: Include if the issuer has the right to redeem early or if holders have put options
4. Tax Provisions: Include when specific tax treatments or gross-up provisions apply
5. Representations and Warranties: Include for more complex bond structures or when required by sophisticated investors
6. Covenants: Include when there are ongoing obligations of the issuer
7. Meeting of Bondholders: Include for bonds that may require collective decision-making
1. Interest Payment Schedule: Detailed schedule of interest payment dates and amounts
2. Form of Transfer Certificate: Template for documenting transfers of the note
3. Calculation Methods: Detailed methodologies for calculating interest, early redemption amounts, or conversion ratios
4. Security Details: If secured, details of the security arrangement and secured assets
5. Corporate Authorizations: Copies of relevant corporate approvals and authorizations
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