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Factoring Receivables Agreement
"I need a Factoring Receivables Agreement under Irish law for a medium-sized manufacturing company, with non-recourse terms and a facility limit of €5 million, including specific provisions for cross-border receivables from UK customers."
1. Parties: Identifies and defines the Factor and the Client (Seller) with their full legal details
2. Background: Sets out the context of the agreement, describing the Client's business and their intention to factor receivables
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Assignment of Receivables: Details the legal mechanism for transferring receivables from Client to Factor
5. Purchase Price and Payment Terms: Specifies the pricing structure, advance rate, fees, and payment mechanisms
6. Eligibility Criteria: Defines which receivables qualify for factoring under the agreement
7. Representations and Warranties: Sets out the Client's confirmations regarding their business and the receivables
8. Covenants: Specifies ongoing obligations of the Client throughout the agreement term
9. Collection and Servicing: Details the procedures for collecting receivables and managing customer relationships
10. Recourse and Repurchase: Establishes circumstances where the Client must repurchase receivables
11. Events of Default: Lists circumstances constituting default and corresponding remedies
12. Term and Termination: Specifies duration of agreement and termination provisions
13. Confidentiality: Protects confidential information exchanged during the relationship
14. Notices: Specifies how formal communications between parties should be made
15. Governing Law and Jurisdiction: Confirms Irish law governance and jurisdiction for disputes
1. Security Provisions: Required when additional security is taken beyond the assignment of receivables
2. Credit Insurance: Included when receivables are covered by credit insurance
3. Electronic Trading Platform: Needed when the parties use an electronic system for managing receivables
4. Cross-Border Provisions: Required when dealing with international receivables
5. Data Protection: Detailed section required when processing personal data of individuals
6. Non-Competition: Included when restricting the Client's ability to factor with other providers
7. Parent Company Guarantee: Required when parent company support is needed
8. Currency Provisions: Needed when dealing with multiple currencies
1. Schedule 1 - Eligibility Criteria: Detailed list of criteria for acceptable receivables
2. Schedule 2 - Fee Structure: Comprehensive breakdown of all fees, charges and calculations
3. Schedule 3 - Operational Procedures: Detailed procedures for daily operations and communications
4. Schedule 4 - Form of Notice of Assignment: Template for notifying debtors of the assignment
5. Schedule 5 - Excluded Customers: List of customers whose receivables are excluded from the facility
6. Schedule 6 - Required Reports: Templates and requirements for regular reporting
7. Schedule 7 - Form of Debtor Credit Note: Standard format for issuing credit notes
8. Schedule 8 - Collection Procedures: Detailed collection protocols and procedures
9. Appendix A - Know Your Customer Requirements: List of required due diligence documents
10. Appendix B - Systems Access Protocols: Procedures for accessing and using electronic systems
Authors
Financial Services
Manufacturing
Wholesale Trade
Retail
Construction
Technology
Healthcare
Professional Services
Transportation and Logistics
Agriculture
Energy
Telecommunications
Finance
Treasury
Legal
Compliance
Credit Control
Operations
Risk Management
Sales
Business Development
Accounts Receivable
Commercial
Chief Financial Officer
Finance Director
Treasury Manager
Credit Controller
Accounts Receivable Manager
Commercial Director
Business Development Manager
Risk Manager
Legal Counsel
Compliance Officer
Operations Manager
Financial Controller
Credit Risk Manager
Relationship Manager
Sales Director
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