Development Credit Agreements are essential instruments used when financing significant development projects in the United States. These agreements are particularly crucial when extending credit facilities for real estate, infrastructure, or commercial development projects. A Development Credit Agreement encompasses detailed provisions for credit utilization, project milestones, security arrangements, and compliance requirements. It must comply with both federal regulations (such as TILA and ECOA) and state-specific lending laws. The agreement is typically used when traditional commercial loans are insufficient due to the complex nature of development projects and the need for specialized drawdown and monitoring provisions.
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1. Parties: Identification of lender and borrower with full legal details
2. Background: Context and purpose of the development credit facility
3. Definitions: Key terms used throughout the agreement
4. Facility Details: Credit amount, purpose, and basic terms
5. Conditions Precedent: Requirements to be met before credit becomes available
6. Representations and Warranties: Statements of fact by borrower
7. Covenants: Ongoing obligations of the borrower
8. Events of Default: Circumstances constituting breach and remedies
1. Security Provisions: Details of any collateral or security arrangements - include when credit is secured
2. Guarantees: Terms of any guarantees provided - include when third-party guarantees are required
3. Development Milestones: Specific project development targets and timelines - include for phased development projects
1. Conditions Precedent Schedule: Detailed list of required documents and conditions
2. Development Schedule: Timeline and milestones for the development project
3. Form of Drawdown Notice: Standard form for requesting credit disbursements
4. Security Documents: Forms of security agreements and related documents
5. Fee Schedule: Detailed breakdown of all applicable fees
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