This section contains the insurance and guarantees, commitments and delays that apply to each facility. It will also contain provisions that protect the bank from any change in circumstances that may affect its lending activities. Interest: The interest margin should reflect the range set in the lender`s letter of offer/credit sheet. Libor and the bank`s mandatory fees must also be paid. All provisions relating to the increase or reduction of the interest margin (called “clique margina”) should also correctly reflect the lender`s letter/offer sheet. The existence of a union does not affect certain provisions of an ease agreement. For example, there will also be a definition of “majority lenders” that is required for approval for certain measures. It is normal for this definition to amount to two-thirds of syndicated banks based on the amount of their interest in the loan. The borrower should ensure that all unionized banks are “qualifying banks” for the above reasons, and once again, an appropriate guarantee may be appropriate. There will also be delay provisions for breaches of the convention itself. They may grant time for remedial action on the part of a borrower and, in any event, apply only to substantial infringements or violations of the main provisions of the agreement. The provision for non-payment usually includes additional time to cover administrative or technical difficulties. Insolvency defaults should also provide reasonable time frames and include appropriate waivers for solvent restructurings, with the lender`s agreement.
Particular attention should be paid to all “default cross” clauses that affect the fact that a failure in one agreement triggers a standard between another. These should not apply to on-demand facilities provided by the lender and should include thresholds defined accordingly. Some of the most important definitions in any entity agreement are: a facility is an agreement between a company and a public or private lender, which allows the company to borrow a specified amount of money for a variety of purposes for a short period of time. The loan is for a specified amount and does not require guarantees. The borrower makes monthly or quarterly payments with interest until the debt is fully settled. An institution is particularly important for companies that want layoffs, slow growth or close during seasonal sales cycles when sales are low. Guarantees and guarantees should only be valid as long as the funds are returned to the lender or the lender is required to provide loans, and all insurance and guarantees applicable to the original information (. B for example, the business plan or the accountants` report) should not be repeated throughout the life of the facility. For some transactions, it may be necessary to obtain a guarantee from the lender that it is a qualifying bank (z.B if the borrower is dealing with a foreign bank).
Borrowers: The definition of the borrower includes all group companies that require access to the loan, including revolving credits (flexible credits as opposed to a fixed amount repaid in increments) or the working capital component. This should also include all target companies acquired with the funds made available. Subsidiaries that need a provision may need to join the group of borrowers. If there is a reason why the affected companies cannot be parties to the agreement when they are executed – for example. B in the event of an acquisition by limited companies – prior approval from the bank would be required for them to be included in the agreement at a later date.