What To Look Out For In A Facility Agreement

We work with both lenders and borrowers on commercial or private credit contracts. Our team of experienced bankers helps you establish documents for secure or unsecured entities and verify the terms of the proposed facility agreements. There will also be delay provisions for breaches of the convention itself. They may grant time for remedial action on the part of a borrower and, in any event, apply only to substantial infringements or violations of the main provisions of the agreement. The provision for non-payment usually includes additional time to cover administrative or technical difficulties. Insolvency defaults should also provide reasonable time frames and include appropriate waivers for solvent restructurings, with the lender`s agreement. A loan contract is the document in which a lender – usually a bank or other financial institution – sets out the conditions under which it is willing to provide a loan to a borrower. Loan contracts are often referred to by their more technical name, “easy agreements” – a loan is a bank “facility” that the lender offers to its client. This guide focuses on the most common conditions of an easy agreement.

If you`re trying to determine if you need a credit contract, it`s always best to be on the security side and design it. If it is a significant amount of money that will be refunded to you, as agreed by both parties, it is worth taking the additional steps necessary to ensure that the refund is made. A loan agreement is designed to protect you if in doubt, to establish a loan contract and to ensure that you are protected, no matter what. If you are executing your loan agreement, you may be interested in the fact that a notary can certify it notarized once all parties have signed or you want to include witnesses. The advantage of the inclusion of a notary is that it will help prove the validity of the document, if it is ever challenged. A witness is an alternative to notarizing the document if you do not have access to a notary; However, if possible, you should always try to include both. Once you have information about who is involved in the loan agreement, you must describe the details of the loan, including transaction information, payment information and interest rate information. In the transaction section, you indicate the exact amount owed to the lender after the agreement is executed. The amount does not include interest over the life of the loan. They will also detail what the borrower must pay in return for the amount of money they promise to pay to the lender.

In the “Payment” section, you`ll find out how the loan amount is repaid, how payments are made (p.B monthly payments, on demand, a lump sum, etc.) and information on acceptable payment methods (p. B for example, cash, credit card, payment order, bank transfer, debit payment, etc.). You must include exactly what you accept as a means of payment, so that no questions are allowed about payment methods. The existence of a union does not affect certain provisions of an ease agreement. For example, there will also be a definition of “majority lenders” that is required for approval for certain measures. It is normal for this definition to amount to two-thirds of syndicated banks based on the amount of their interest in the loan. The borrower should ensure that all unionized banks are “qualifying banks” for the above reasons, and once again, an appropriate guarantee may be appropriate.