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Facility Agreement Loan
"I need a Facility Agreement Loan under Irish law for a €50 million secured term loan to finance a real estate development project, with the facility to be drawn down in three tranches during 2025 and secured against the development property."
1. Parties: Identifies the lender(s), borrower(s), guarantor(s) and any other parties to the agreement
2. Background: Sets out the context of the facility and purpose of the loan
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. The Facility: Details the type, amount, and purpose of the facility being provided
5. Conditions Precedent: Lists the conditions that must be satisfied before the facility becomes available
6. Utilisation: Specifies the process and requirements for drawing down the facility
7. Repayment: Sets out the repayment terms, including scheduled payments and final maturity
8. Prepayment and Cancellation: Details voluntary and mandatory prepayment scenarios and cancellation rights
9. Interest: Specifies interest rates, calculation methods, and payment dates
10. Fees: Details all fees payable under the facility
11. Tax Gross Up and Indemnities: Addresses tax-related payments and indemnities
12. Increased Costs: Covers circumstances where the lender's costs increase due to regulatory changes
13. Representations: Sets out the representations made by the borrower
14. Information Undertakings: Specifies ongoing information and reporting requirements
15. Financial Covenants: Details the financial ratios and tests the borrower must maintain
16. General Undertakings: Lists the general obligations and restrictions on the borrower's activities
17. Events of Default: Specifies circumstances that constitute default and their consequences
18. Changes to Parties: Addresses transfer and assignment rights
19. Administration: Covers administrative aspects including calculations and notices
20. Governing Law and Enforcement: Specifies Irish law as governing law and enforcement provisions
1. Security: Required when the facility is secured - details the security package and enforcement rights
2. Guarantee: Required when there are guarantors - contains guarantee provisions
3. Accordion Facility: Optional section for when the facility includes an option to increase the facility amount
4. Multiple Currencies: Required when the facility can be drawn in multiple currencies
5. Bank Accounts: Required when specific account arrangements are needed, such as blocked accounts
6. Subordination: Required when there are multiple creditors requiring subordination arrangements
7. Property Provisions: Required when the facility is secured by real estate
8. Construction Provisions: Required for development or construction facilities
9. Green Loan Provisions: Optional for facilities qualifying as green loans
10. Majority Lenders: Required for syndicated facilities with multiple lenders
1. Conditions Precedent: Detailed list of required conditions precedent documents
2. Form of Utilisation Request: Template for requesting drawdown of the facility
3. Form of Transfer Certificate: Template for transferring loan participations
4. Form of Compliance Certificate: Template for periodic compliance reporting
5. Repayment Schedule: Detailed schedule of repayment dates and amounts
6. Financial Covenants Calculations: Detailed methodology for calculating financial covenants
7. Security Documents: List and/or forms of required security documents
8. Existing Security: Details of any permitted existing security
9. Form of Accession Deed: Template for new parties joining the agreement
10. Form of Assignment Agreement: Template for assigning rights under the agreement
Authors
Banking
Financial Services
Real Estate
Construction
Manufacturing
Technology
Healthcare
Retail
Energy
Infrastructure
Agriculture
Transportation
Telecommunications
Professional Services
Legal
Finance
Treasury
Compliance
Risk Management
Credit
Corporate Finance
Banking Operations
Deal Advisory
Relationship Management
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Banking Lawyer
Compliance Officer
Risk Manager
Credit Manager
Relationship Manager
Investment Manager
Project Finance Manager
Corporate Finance Manager
Financial Controller
Banking Operations Manager
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