The Facilities Agreement is a fundamental document in Singapore's lending landscape, used when a lender extends credit facilities to a borrower. It must comply with Singapore's Banking Act, MAS guidelines, and other relevant financial regulations. The agreement typically covers various types of facilities including term loans, revolving credits, or multiple facility types. It details crucial elements such as facility limits, interest calculations, security requirements, representations and warranties, covenants, and events of default. This comprehensive document is essential for both secured and unsecured lending transactions, particularly in corporate and commercial financing scenarios.
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1. Parties: Identification of lender(s), borrower(s), and any guarantors or security providers
2. Background: Context of the facility, purpose of the loan, and basic commercial terms
3. Definitions and Interpretation: Key terms used throughout the agreement and interpretation rules
4. The Facility: Details of the facility type, amount, purpose, and availability period
5. Interest and Fees: Interest calculation, payment periods, default interest, and facility fees
6. Repayment and Prepayment: Repayment schedule, prepayment terms, and conditions
7. Representations and Warranties: Statements of fact and assurances given by the borrower
8. Covenants: Positive and negative undertakings by the borrower
9. Events of Default: Circumstances constituting default and consequences
10. Changes to Parties: Assignment and transfer provisions
1. Security: Details of any security arrangements - include when facility is secured
2. Guarantee: Terms of any guarantee provided - include when facility is guaranteed
3. Syndication Provisions: Terms governing multiple lenders - include for syndicated facilities
4. Increased Costs: Provisions for regulatory changes affecting lender's costs - include for longer-term facilities
1. Conditions Precedent: List of documents and conditions required before drawdown
2. Form of Drawdown Request: Template for borrower to request utilization of the facility
3. Repayment Schedule: Detailed payment dates and amounts
4. Form of Transfer Certificate: Template for transferring facility participation
5. Security Documents: Forms of security documents, if applicable
6. Financial Covenants: Detailed financial ratios and calculations
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