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Credit Facility Term Sheet Template for United States

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Key Requirements PROMPT example:

Credit Facility Term Sheet

"Need a Credit Facility Term Sheet for a $50M revolving credit facility to finance our manufacturing expansion, with multiple drawdown options and a potential accordion feature to increase to $75M by March 2025."

Document background
The Credit Facility Term Sheet is a crucial initial document in the lending process under U.S. jurisdiction. It is typically used when parties are negotiating significant financing arrangements and need to memorialize the principal terms before proceeding with detailed documentation. The document captures essential commercial terms, pricing structures, conditions precedent, and key covenants while allowing flexibility for further negotiation. It serves as a roadmap for lawyers drafting the final credit agreement and helps identify potential issues early in the transaction process.
Suggested Sections

1. Parties: Identification of lender(s) and borrower(s), including legal entity details

2. Background: Purpose of the facility and relevant transaction context

3. Definitions: Key terms used throughout the term sheet

4. Facility Type and Amount: Structure and size of the credit facility

5. Interest and Fees: Interest rate, calculation basis, and applicable fees

6. Maturity and Repayment: Term of the facility and repayment schedule

7. Security and Guarantees: Collateral requirements and guarantee structures

8. Conditions Precedent: Conditions that must be satisfied before the facility becomes effective

9. Representations and Warranties: Standard declarations made by the borrower about their legal and financial status

10. Covenants: Ongoing obligations of the borrower during the term of the facility

11. Events of Default: Circumstances that would trigger default and remedies available to the lender

Optional Sections

1. Accordion Feature: Optional provision allowing for future increase in facility size under specified conditions

2. Multi-currency Provisions: Terms governing borrowing in different currencies, including exchange rate mechanisms

3. Letter of Credit Sublimit: Provisions for issuing letters of credit under the facility

4. Swingline Facility: Terms for short-term, rapid-access loan facility within the main facility

5. Cash Dominion: Terms for direct control of cash receipts by lender in certain circumstances

Suggested Schedules

1. Schedule 1 - Pricing Grid: Detailed breakdown of interest rates and fees based on performance metrics

2. Schedule 2 - Conditions Precedent Checklist: Detailed list of required documents and conditions for facility effectiveness

3. Schedule 3 - Financial Covenants Calculations: Detailed calculations and requirements for financial metrics

4. Schedule 4 - Form of Borrowing Notice: Template for drawdown requests

5. Schedule 5 - Security Package Details: Comprehensive list of required security documents and perfection requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses






























Industries

Truth in Lending Act (TILA) and Regulation Z: Federal law that requires lenders to provide standardized disclosures about terms and costs associated with lending. Key for consumer credit transactions and disclosure requirements.

Equal Credit Opportunity Act (ECOA) and Regulation B: Prohibits discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or receipt of public assistance.

Fair Credit Reporting Act (FCRA): Regulates the collection, dissemination, and use of consumer credit information. Important for credit evaluation process.

Bank Secrecy Act (BSA): Requires financial institutions to assist government agencies in detecting and preventing money laundering, including reporting requirements.

Anti-Money Laundering (AML) regulations: Framework of laws designed to prevent financial crimes and the conversion of illegal gains into legitimate assets.

Dodd-Frank Act: Comprehensive financial reform legislation affecting lending practices, risk management, and consumer protection in financial services.

Securities Acts: The Securities Act of 1933 and Securities Exchange Act of 1934 govern securities-related aspects of lending, particularly relevant if the facility involves securities.

Uniform Commercial Code (UCC): Particularly Article 9 governing secured transactions, providing rules for creation and enforcement of security interests in personal property.

Federal Reserve Regulations: Guidelines and requirements set by the Federal Reserve affecting lending practices, capital requirements, and banking operations.

State Usury Laws: State-specific regulations limiting the maximum interest rate that can be charged on loans.

State Lending Regulations: Various state-specific rules governing lending practices, licensing requirements, and consumer protection measures.

LIBOR Transition Requirements: Regulations and guidelines governing the transition from LIBOR to alternative reference rates like SOFR.

Bankruptcy Laws: Federal and state laws affecting creditor rights and remedies in the event of borrower bankruptcy.

Environmental Regulations: Laws affecting lending when real estate collateral is involved, including environmental liability considerations.

Tax Implications: Federal and state tax laws affecting lending transactions, including withholding requirements and tax treatment of interest.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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