The Debt Financing Agreement is a crucial legal instrument used in Irish financial transactions to formalize lending arrangements between parties. It is typically employed when a business or individual seeks substantial financing from a bank or financial institution in Ireland. The agreement must comply with Irish financial regulations, including the Companies Act 2014 and relevant Central Bank regulations. It contains detailed provisions covering the loan facility, security arrangements, representations, warranties, covenants, and events of default. The document is essential for both secured and unsecured lending, incorporating specific Irish law requirements regarding security registration, enforcement procedures, and regulatory compliance. This type of agreement is particularly important in commercial lending scenarios and requires careful consideration of both Irish domestic law and, where applicable, European Union regulations affecting financial services.
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1. Parties: Identification of the lender(s) and borrower(s) with full legal names and addresses
2. Background: Context of the financing arrangement and purpose of the loan
3. Definitions and Interpretation: Comprehensive list of defined terms and interpretation rules
4. The Facility: Details of the loan amount, purpose, and availability
5. Conditions Precedent: Prerequisites that must be satisfied before drawdown
6. Drawdown: Procedures and requirements for drawing down the loan
7. Interest: Interest rate, calculation methods, and payment provisions
8. Repayment and Prepayment: Terms for scheduled repayments and early repayment options
9. Representations and Warranties: Statements of fact and assurances given by the borrower
10. Covenants: Positive and negative obligations of the borrower during the loan term
11. Events of Default: Circumstances constituting default and consequences
12. Changes to Parties: Rules for assignment and transfer of rights and obligations
13. Payments and Tax: Payment mechanics, currency, and tax provisions
14. Costs and Expenses: Allocation of transaction costs and ongoing expenses
15. Notices: Communication procedures between parties
16. Governing Law and Jurisdiction: Choice of Irish law and jurisdiction provisions
17. Execution: Signature blocks and execution formalities
1. Security: Required when the loan is secured by specific assets or guarantees
2. Syndication Provisions: Include when multiple lenders are involved or syndication is contemplated
3. Agent Provisions: Required when a facility agent is appointed to manage the loan
4. Intercreditor Provisions: Include when there are multiple creditors with different priorities
5. Currency Provisions: Required for multi-currency facilities
6. Increased Costs and Market Disruption: Include for longer-term facilities or where market sensitivity is important
7. Tax Gross-Up and Indemnities: Detailed tax provisions for cross-border or complex financing structures
8. Green Loan Provisions: Include for environmentally-focused or sustainable financing
9. Irish Law Specific Provisions: Additional provisions required by Irish law for specific types of borrowers or security
1. Conditions Precedent: Detailed list of required documents and conditions
2. Form of Drawdown Request: Template for borrower to request loan disbursement
3. Repayment Schedule: Detailed amortization or repayment schedule
4. Form of Transfer Certificate: Template for transferring loan participations
5. Security Documents: Forms of security documents or guarantees
6. Financial Covenants: Detailed financial covenant calculations and ratios
7. Permitted Security: List of security interests permitted under the agreement
8. Permitted Disposals: List of asset disposals permitted under the agreement
9. Form of Compliance Certificate: Template for periodic compliance certification
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