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Bilateral Credit Agreement
"I need a Bilateral Credit Agreement for a HKD 50 million term loan facility between ABC Bank Limited as lender and XYZ Manufacturing Limited as borrower, with a first fixed charge over the borrower's equipment and machinery as security."
1. Parties: Identification of the lender and borrower with full legal names and addresses
2. Background: Context of the credit facility and purpose of the agreement
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. The Facility: Details of the credit facility including amount, purpose, and availability period
5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
6. Drawdown: Procedures and requirements for drawing down the facility
7. Interest: Interest rate, calculation method, and payment provisions
8. Repayment: Terms and schedule for repayment of the facility
9. Representations and Warranties: Statements of fact and assurances given by the borrower
10. Covenants: Ongoing obligations of the borrower throughout the facility period
11. Events of Default: Circumstances that constitute default and consequences thereof
12. Changes to Parties: Provisions regarding assignment and transfer rights
13. Payments: Payment mechanics, currency, and tax provisions
14. Notices: Communication requirements and contact details
15. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction
1. Security: Required if the facility is secured, detailing the security arrangements and enforcement rights
2. Guarantee: Required if there is a guarantor providing support for the borrower's obligations
3. Insurance: Required if specific insurance coverage is mandated for the borrower
4. Increased Costs: Added when the lender needs protection against regulatory changes affecting the cost of funding
5. Market Disruption: Include for facilities with floating interest rates to address market disruption events
6. Set-off Rights: Optional provisions allowing the lender to set off debts against borrower's accounts
7. Syndication Provisions: Required if the facility may be syndicated in the future
8. Break Costs: Include for fixed rate facilities or where early repayment may trigger costs
1. Form of Drawdown Request: Template for the borrower to request drawings under the facility
2. Conditions Precedent Documents: Detailed list of required documents and conditions to be satisfied
3. Repayment Schedule: Detailed schedule of repayment dates and amounts if term loan
4. Form of Transfer Certificate: Template for transferring rights and obligations under the facility
5. Form of Compliance Certificate: Template for periodic certification of compliance with financial covenants
6. Security Documents: List and/or copies of security documents if facility is secured
7. Fees Schedule: Detailed breakdown of all applicable fees and charges
8. Permitted Security Interests: List of security interests permitted to exist over borrower's assets
Authors
Banking & Financial Services
Corporate Finance
Real Estate & Property Development
Manufacturing & Industrial
Retail & Consumer
Technology & Communications
Healthcare & Pharmaceuticals
Energy & Resources
Infrastructure & Construction
Transport & Logistics
Professional Services
Hospitality & Tourism
Legal
Finance
Treasury
Compliance
Risk Management
Corporate Banking
Credit
Operations
Company Secretarial
Transaction Management
Documentation
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Compliance Officer
Credit Risk Manager
Relationship Manager
Loan Officer
Corporate Banking Manager
Finance Manager
Company Secretary
Financial Controller
Risk Manager
Transaction Manager
Credit Analyst
Legal Director
Banking Operations Manager
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