The Investment Loan Agreement is a crucial financing document used in Switzerland when a lender (typically a Swiss financial institution) provides funding to a borrower specifically for investment purposes. This agreement is essential for transactions where the borrowed funds will be used for specific investment activities, such as acquiring assets, funding business expansion, or making financial investments. The document must comply with Swiss banking regulations, including the Swiss Banking Act and Financial Services Act, while incorporating requirements from the Swiss Code of Obligations. The Investment Loan Agreement includes detailed provisions on facility terms, security arrangements, drawdown mechanics, covenants, and regulatory compliance requirements specific to Swiss jurisdiction. It's particularly important for ensuring clear documentation of investment-specific conditions, regulatory compliance, and protection of both lender and borrower interests under Swiss law.
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1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Context of the investment loan, purpose, and relevant circumstances leading to the agreement
3. Definitions and Interpretation: Definitions of key terms and interpretation rules for the agreement
4. The Facility: Details of the loan facility including amount, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before the loan can be drawn
6. Drawdown: Procedures and requirements for drawing down the loan
7. Interest: Interest rate, calculation method, payment dates, and default interest provisions
8. Repayment: Terms and schedule for repayment of the loan
9. Prepayment: Conditions and procedures for early repayment
10. Representations and Warranties: Statements of fact and assurances given by the borrower
11. Covenants: Ongoing obligations of the borrower during the loan period
12. Events of Default: Circumstances that constitute default and consequences
13. Security: Details of any security or collateral for the loan
14. Costs and Expenses: Allocation of costs and expenses related to the loan
15. Notices: Communication procedures between parties
16. Assignment and Transfer: Rules regarding transfer of rights and obligations
17. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction
18. Execution: Signature blocks and execution formalities
1. Syndication Provisions: Required if multiple lenders are involved or if syndication is contemplated
2. Tax Provisions: Detailed tax clauses needed for cross-border loans or complex tax structures
3. Currency Provisions: Required for multi-currency facilities or loans not denominated in Swiss Francs
4. Investment Conditions: Specific conditions regarding the investment purpose of the loan
5. Regulatory Compliance: Additional compliance requirements for regulated borrowers or specific sectors
6. Parent Company Guarantee: Required when parent company guarantee is part of the security package
7. Inter-creditor Provisions: Needed when there are multiple creditors with different priorities
8. Force Majeure: Special provisions for handling unforeseen circumstances affecting the loan
1. Schedule 1 - Conditions Precedent: Detailed list of all required conditions precedent documents
2. Schedule 2 - Form of Drawdown Notice: Template for borrower to request loan disbursement
3. Schedule 3 - Repayment Schedule: Detailed amortization schedule if applicable
4. Schedule 4 - Form of Compliance Certificate: Template for periodic compliance reporting
5. Schedule 5 - Security Documents: List and copies of all security documents
6. Schedule 6 - Permitted Investments: Detailed list of approved investment types and criteria
7. Appendix A - Interest Calculation Examples: Examples showing interest calculation methodology
8. Appendix B - Required Insurance: Details of required insurance coverage for secured assets
9. Appendix C - Form of Legal Opinions: Template for legal opinions required as conditions precedent
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Investment Management
Real Estate
Infrastructure
Manufacturing
Technology
Healthcare
Energy
Telecommunications
Private Equity
Venture Capital
Commercial Real Estate
Industrial
Retail
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Credit
Investment
Corporate Finance
Operations
Due Diligence
Portfolio Management
Transaction Management
Structured Finance
Documentation
Relevant Roles
Chief Financial Officer
Treasury Manager
Investment Director
Legal Counsel
Compliance Officer
Risk Manager
Credit Officer
Relationship Manager
Investment Manager
Corporate Finance Director
Financial Controller
Banking Director
Investment Analyst
Portfolio Manager
Structured Finance Manager
Senior Loan Officer
Transaction Manager
Due Diligence Officer
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