The Interest Bearing Loan Agreement is a fundamental financial instrument used to document lending arrangements between parties under Swiss law. It is particularly suitable for both commercial and private lending situations where the lender provides funds to the borrower in exchange for interest payments. The agreement must comply with Swiss legal requirements, particularly the Swiss Code of Obligations (OR) Articles 312-318 regarding loans and interest, and where applicable, Swiss banking regulations and consumer protection laws. This document type is commonly used in business financing, real estate transactions, and corporate lending, providing a clear framework for the loan terms, interest calculations, repayment obligations, and security arrangements. The agreement's structure accommodates various complexity levels, from simple bilateral loans to complex secured lending arrangements.
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1. Parties: Identification of the Lender and Borrower with full legal names and addresses
2. Background: Context of the loan agreement and relationship between parties
3. Definitions: Definitions of key terms used throughout the agreement
4. The Loan: Core terms including loan amount, purpose, and drawdown conditions
5. Interest: Interest rate, calculation method, payment dates, and default interest provisions
6. Repayment: Repayment schedule, prepayment terms, and payment mechanics
7. Representations and Warranties: Standard representations by the Borrower regarding legal capacity, authority, and financial condition
8. Borrower Covenants: Positive and negative obligations of the Borrower during the loan term
9. Events of Default: Circumstances constituting default and consequences thereof
10. Taxes and Increased Costs: Provisions regarding tax deductions and increased costs
11. Notices: Communication methods and contact details for formal notices
12. Assignment and Transfer: Rules regarding transfer of rights and obligations
13. Governing Law and Jurisdiction: Confirmation of Swiss law governance and jurisdiction
14. Execution: Signature blocks and execution formalities
1. Security: Include when the loan is secured by collateral or guarantees
2. Conditions Precedent: Include for complex loans where drawdown is subject to specific conditions
3. Information Undertakings: Include for business loans requiring ongoing financial reporting
4. Financial Covenants: Include for business loans requiring maintenance of financial ratios
5. Account Bank Provisions: Include when specific bank accounts are required for loan operations
6. Multiple Lenders: Include when there is more than one lender
7. Consumer Protection Provisions: Include when the borrower is a consumer under Swiss law
8. Insurance: Include when specific insurance coverage is required
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Form of Drawdown Notice: Template for requesting loan disbursement
3. Calculation of Interest: Detailed methodology for interest calculation
4. Security Documents: List and copies of security documents if applicable
5. Form of Compliance Certificate: Template for periodic compliance reporting
6. Bank Account Details: Payment account specifications
7. Conditions Precedent Documents: List of required documents for loan drawdown
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Real Estate
Manufacturing
Technology
Retail
Healthcare
Construction
Agriculture
Professional Services
Education
Hospitality
Energy
Transportation & Logistics
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Credit
Corporate Banking
Operations
Business Development
Company Secretariat
Relevant Roles
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Banking Lawyer
Risk Manager
Credit Officer
Compliance Officer
Financial Controller
Relationship Manager
Loan Officer
Business Development Manager
Company Secretary
Managing Director
Finance Manager
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