The Simple Loan Term Sheet is a crucial preliminary document used in Swiss lending transactions to establish the fundamental terms and conditions of a proposed loan before proceeding with detailed documentation. It serves as a roadmap for the preparation of the final loan agreement and is commonly used in both corporate and private lending scenarios. The document typically includes essential commercial terms such as loan amount, interest rate, repayment schedule, and any security arrangements, all structured in compliance with Swiss law, particularly the Swiss Code of Obligations. While most provisions in a term sheet are non-binding, certain elements like confidentiality and exclusivity may be specifically made binding. This document is particularly valuable in complex lending situations where parties need to reach a preliminary understanding before investing in full documentation, and it helps ensure all parties have aligned expectations regarding the proposed transaction's key terms.
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1. Parties: Identification of the Lender and Borrower with full legal names and addresses
2. Background: Brief context of the loan arrangement and purpose
3. Definitions: Key terms used throughout the term sheet
4. Loan Amount: Principal amount of the loan in specified currency
5. Interest Rate: Applicable interest rate, calculation method, and payment frequency
6. Term: Duration of the loan and maturity date
7. Repayment Terms: Schedule and method of repayment (bullet, amortizing, etc.)
8. Security: Any security or collateral required for the loan
9. Conditions Precedent: Key conditions that must be satisfied before drawdown
10. Representations: Basic representations made by the borrower
11. Governing Law: Confirmation of Swiss law as governing law and jurisdiction
1. Financial Covenants: Include when specific financial metrics need to be maintained by the borrower
2. Prepayment Terms: Include when early repayment is permitted and any associated penalties
3. Events of Default: Include when specific default triggers need to be outlined
4. Information Requirements: Include when ongoing financial reporting is required
5. Tax Provisions: Include when there are specific tax implications or withholding requirements
6. Transfer Provisions: Include when the loan may be transferred or syndicated
7. Use of Proceeds: Include when the loan must be used for specific purposes
8. Insurance Requirements: Include when specific insurance coverage is required for security
1. Repayment Schedule: Detailed schedule of repayment dates and amounts
2. Security Details: Detailed description of any security or collateral
3. Form of Drawdown Notice: Template for requesting loan disbursement
4. Conditions Precedent Documents: List of required documents to be provided before drawdown
5. Financial Covenant Calculations: Formulas and methods for calculating financial covenants
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