The Investment Loan Contract is a specialized financing document used when a lender provides funding specifically for investment purposes under Swiss law. It is particularly relevant for transactions where the loan proceeds will be used for specific investment activities such as property development, business expansion, or asset acquisition. The document combines elements of traditional loan agreements with investment-specific provisions, ensuring compliance with Swiss financial regulations, including the Swiss Code of Obligations and Financial Market Infrastructure Act. This contract type is essential when the loan facility requires specific investment criteria, monitoring mechanisms, and potentially complex security arrangements. The document typically includes detailed provisions for drawdown conditions, investment restrictions, monitoring requirements, and reporting obligations, making it suitable for both regulated financial institutions and private lenders operating under Swiss jurisdiction.
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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 investment loan, purpose, and any relevant preliminary discussions or arrangements
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount, currency, and detailed description of the investment purpose
5. Drawdown: Conditions and procedures for accessing the loan funds
6. Interest: Interest rate, calculation method, payment frequency, and default interest provisions
7. Repayment Terms: Schedule of repayments, prepayment options, and final maturity date
8. Security: Description of collateral or other security arrangements securing the loan
9. Representations and Warranties: Standard declarations by the borrower about their legal status, capacity, and financial condition
10. Covenants: Ongoing obligations of the borrower, including financial covenants and reporting requirements
11. Events of Default: Circumstances that constitute default and consequences thereof
12. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
1. Investment Monitoring: Used when the lender requires oversight of how the investment proceeds are used
2. Regulatory Compliance: Include when specific financial market regulations apply to the investment
3. Tax Provisions: Required when there are specific tax implications or withholding requirements
4. Assignment and Transfer: Include when the parties want to address the possibility of transferring loan rights or obligations
5. Multiple Lenders: Required when there is more than one lender, including syndication provisions
6. Currency Provisions: Include for loans involving multiple currencies or currency conversion requirements
7. Insurance Requirements: Used when specific insurance coverage is required for the investment
8. Step-In Rights: Include when lender may need to take control of the investment in certain circumstances
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Security Details: Detailed description of collateral and security arrangements
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. Investment Plan: Detailed breakdown of how loan proceeds will be invested
6. Financial Covenants Calculations: Formulas and methods for calculating financial ratios and covenants
7. Permitted Investments: List of approved investment types or projects
8. Required Insurance: Details of insurance policies required to be maintained
Authors
Relevant legal definitions
Clauses
Relevant Industries
Banking & Financial Services
Investment Management
Real Estate
Infrastructure
Private Equity
Manufacturing
Technology
Energy
Healthcare
Commercial Development
Agriculture
Telecommunications
Relevant Teams
Legal
Finance
Treasury
Compliance
Risk Management
Credit
Investment
Corporate Banking
Portfolio Management
Operations
Relevant Roles
Chief Financial Officer
Investment Manager
Legal Counsel
Finance Director
Treasury Manager
Investment Analyst
Compliance Officer
Risk Manager
Corporate Banker
Investment Director
Portfolio Manager
Credit Risk Officer
Financial Controller
Managing Director
Relationship Manager
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