The Business Loan Contract is a fundamental financial instrument used in Switzerland when a financial institution provides funding to a business entity. It serves as the primary documentation for commercial lending transactions, ensuring compliance with Swiss banking regulations and the Swiss Code of Obligations. This document is essential for any business seeking formal financing arrangements, whether for expansion, working capital, asset acquisition, or other commercial purposes. The contract encompasses crucial elements such as loan terms, security arrangements, representations and warranties, and enforcement mechanisms, all structured within the Swiss legal framework. It's particularly important as it provides legal certainty and protection for both the lender and borrower, while ensuring adherence to Swiss banking regulations and financial services laws.
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1. Parties: Identification of the lender and borrower with full legal names, addresses, and registration details
2. Background: Context of the loan agreement, including the purpose of the loan and any relevant business relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, currency, and permitted use of funds
5. Interest Rate and Calculations: Details of the interest rate, calculation method, and payment frequency
6. Drawdown: Conditions and procedures for accessing the loan funds
7. Repayment Terms: Schedule and methods of repayment, including principal and interest payments
8. Security and Collateral: Description of assets or guarantees securing the loan
9. Representations and Warranties: Statements of fact and assurances from the borrower
10. Covenants: Ongoing obligations of the borrower during the loan term
11. Events of Default: Circumstances that constitute default and their consequences
12. Remedies: Lender's rights and remedies in case of default
13. Notices: Process for formal communications between parties
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
15. Miscellaneous: Standard boilerplate provisions including severability, amendments, and assignment
1. Guarantee Provisions: Required when there is a third-party guarantor for the loan
2. Syndication Rights: Include when the lender may want to syndicate the loan to other financial institutions
3. Insurance Requirements: Detailed insurance obligations when specific insurance coverage is required for loan security
4. Change of Control: Include for borrowers where ownership stability is crucial to the loan agreement
5. Subordination Terms: Required when the loan needs to be subordinated to other debt
6. Currency Conversion: Include when loan or repayments involve multiple currencies
7. Tax Provisions: Detailed tax arrangements when complex tax implications exist
8. Compliance Requirements: Special regulatory compliance obligations for regulated industries
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Security Details: Comprehensive list and description of collateral assets
3. Conditions Precedent: List of documents and conditions required before loan drawdown
4. Form of Drawdown Notice: Template for borrower to request loan disbursement
5. Financial Covenants: Specific financial ratios and thresholds to be maintained
6. Permitted Security Interests: List of pre-approved security interests or liens
7. Required Insurance: Details of insurance types and coverage amounts required
8. Authorized Signatories: List of persons authorized to act on behalf of borrower
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