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Standby Credit Agreement Template for United States

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Key Requirements PROMPT example:

Standby Credit Agreement

"Need a Standby Credit Agreement for a $10M facility to support our international trading operations, with quarterly reporting requirements and ability to draw in multiple currencies (USD and EUR), to be effective from March 2025."

Document background
The Standby Credit Agreement serves as a crucial financial instrument in the U.S. market, providing businesses with access to contingent funding. It is typically used when companies need a backup source of liquidity or when required by counterparties as financial assurance. The agreement outlines specific circumstances under which the credit can be accessed, the process for drawing funds, and the obligations of all parties involved. This type of agreement is particularly relevant in today's market where companies seek flexible financing options while complying with U.S. banking regulations and state-specific requirements.
Suggested Sections

1. Parties: Identification of the lender and borrower, including full legal names and addresses

2. Background/Recitals: Context of the agreement and purpose of the standby credit facility

3. Definitions: Key terms used throughout the agreement including 'Facility Amount', 'Availability Period', 'Drawing Notice'

4. Facility Terms: Core terms including amount, purpose, availability period, and conditions for drawing

5. Conditions Precedent: Conditions that must be satisfied before the facility becomes available

6. Drawing Mechanics: Procedures and requirements for drawing under the facility

7. Fees and Costs: All applicable fees, charges, and cost allocation

8. Representations and Warranties: Standard assurances from the borrower regarding their status and capacity

9. Events of Default: Circumstances constituting default and consequences

Optional Sections

1. Security Provisions: Details of any security or collateral when the facility is secured

2. Guarantees: Terms of any guarantees provided when third-party guarantees are involved

3. Foreign Currency Provisions: Rules for handling multiple currencies when facility involves multiple currencies

Suggested Schedules

1. Form of Drawing Notice: Template for borrower to request a drawing

2. Conditions Precedent Documents: List of required documents and evidence

3. Fee Schedule: Detailed breakdown of all fees and charges

4. Form of Compliance Certificate: Template for periodic compliance confirmation

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

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Industries

UCC Article 5: Uniform Commercial Code Article 5 governing Letters of Credit, providing the primary domestic law framework for standby credits in the United States

Federal Reserve Regulation U: Regulation governing credit that is secured by securities, affecting how standby credits may be collateralized

TILA and Regulation Z: Truth in Lending Act and its implementing Regulation Z, requiring specific disclosures for consumer credit transactions

ECOA: Equal Credit Opportunity Act prohibiting discrimination in credit transactions based on protected characteristics

FCRA: Fair Credit Reporting Act governing the collection and use of consumer credit information

ISP98: International Standby Practices providing standardized rules for standby letters of credit

UCP 600: Uniform Customs and Practice for Documentary Credits providing international rules for documentary credits

State Banking Regulations: Various state-specific banking laws and regulations that may affect standby credit agreements

State Usury Laws: State-specific laws limiting maximum interest rates and fees that can be charged

UN Convention on Independent Guarantees: International convention providing legal framework for standby letters of credit in cross-border transactions

Basel III: International banking regulations affecting capital requirements for banks issuing standby credits

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering

USA PATRIOT Act: Federal law including provisions for preventing terrorism financing and enhancing anti-money laundering requirements

KYC Regulations: Know Your Customer regulations requiring financial institutions to verify the identity of their clients and assess risks

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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