The facility agreement

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Precedents
[To be printed on the headed paper of the lender][insert date]To:[insert name and address of borrower]Dear [insert full name of borrower]1We refer to...
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19th May
Practice notes
European PIK loan facilitiesThis Practice Note provides information on European PIK loan facilities (PIK facilities). It discusses:•the key features...
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Produced in partnership with Susan Whitehead, Consultant at Hogan Lovells and Penny Angell, Partner at Hogan Lovells 19th May
Practice notes
Introduction to fund finance—capital call facilitiesThis Practice Note discusses:•what is meant by capital call facilities, NAV, or asset backed...
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Produced in partnership with Leon Stephenson of Reed Smith 19th May
Practice notes
Increased costsThis Practice Note considers the costs that a lender will incur when providing funding to a borrower and the steps that it will take...
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19th May
Practice notes
Perfecting securityIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...
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19th May
Practice notes
Synthetic securitisationsWhat is a securitisation?Securitisation is a technique used to finance the ownership or sale of types of assets that would...
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19th May
Practice notes
Bilateral, syndicated and club arrangementsOne of the features used to categorise loans is the number of lenders involved. A loan involving one lender...
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19th May
Practice notes
Pre-export finance—key terms in the facility agreementPre-export finance (PXF) is an established structure used to provide finance to producers of...
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Produced in partnership with Dentons 19th May
Practice notes
Derivatives—ISDA documentation frameworkThe International Swaps and Derivatives Association, Inc. (ISDA) is an association for participants in the...
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19th May
Practice notes
The facility agentThis Practice Note covers the duties and role of the facility agent (defined in the Loan Market Association (LMA) documentation as...
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19th May
Precedents
This Deed of guarantee and indemnity is made on [insert day and month] 20[insert year]Parties1[Insert name of Guarantor], a company incorporated in...
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19th May
Practice notes
Transferring a loan by equitable assignmentAssignment is a means by which a lender can transfer its interest in a loan to another lender.For an...
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19th May
Precedents
[TO BE PRINTED ON THE HEADED PAPER OF THE LENDER][insert name and address of borrower][insert date]Dear [insert full name of borrower]We offer to...
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19th May
Practice notes
Loan Market Association (LMA)—news on documentation [Archived]This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA...
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19th May
Practice notes
Crystallisation of floating chargesThe key feature of a floating charge is that, until it crystallises, the chargor is entitled to deal with the...
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19th May
Precedents
[To be printed on the headed paper of the lender][insert date]To:[insert name and address of borrower]Dear [insert name of borrower],We are pleased to...
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19th May

Most recent The facility agreement content

Practice notes
Getting the Deal Through: Anti-Money Laundering 2021Jurisdictions coveredThe following jurisdictions are covered in this report:Australia; Brazil;...
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23rd Sep
Practice notes
Overdrafts, term loans and revolving credit facilitiesThis Practice Note explains the features of three common types of loan facility:•overdrafts•term...
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23rd Sep
Practice notes
LIBOR transitionThis Practice Note provides:•information on the background to the transition away from London Interbank Offered Rate (LIBOR) and other...
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22nd Sep
Practice notes
Conditions precedentIn financing transactions, conditions precedent are the conditions that need to be fulfilled for funding to occur.This Practice...
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17th Sep
Precedents
Short-form facility agreement (term loan): single company borrower—bilateral—unsecuredFacility agreementThis Agreement is made on...
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15th Sep
Precedents
Facility agreement (term loan): single company borrower—bilateral—with or without security or a guaranteeThis Agreement dated [•] 20[•] is...
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15th Sep
Precedents
Short-form facility agreement (term loan): single company borrower—bilateral (lender as an individual)—unsecuredThis Agreement is made on [insert day...
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15th Sep
Practice notes
Governing law, jurisdiction and arbitration clauses in finance documentsThis Practice Note discussed governing law and jurisdiction in the context of...
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15th Sep
Practice notes
Events of defaultThis Practice Note considers:•the purpose of events of default included in facility agreements•common events of default relating to...
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15th Sep
Practice notes
Leveraged finance—financial covenantsFinancial covenants are used on a wide range of different kinds of banking transactions to monitor and test the...
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7th Sep
Practice notes
Common financial covenantsThis Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum...
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7th Sep
Practice notes
Financial covenants—principlesThis Practice Note:•explains what financial covenants are and why they are used in commercial lending transactions•how...
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7th Sep
Practice notes
Purpose clauses in facility agreements and Quistclose trustsThis Practice Note considers what a purpose clause in a facility agreement is. It also...
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7th Sep
Practice notes
Drafting and negotiating the facility agreementThis Practice Note covers the typical structure of facility agreements and the key terms and provisions...
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25th Aug
Practice notes
Interest provisions in risk-free rate based loan agreementsThis Practice Note aims to assist practitioners with understanding the key issues to be...
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25th Aug
Practice notes
Withholding tax—basic principles for banking lawyersIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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21st Aug
Practice notes
Brexit—documentary implications for facility agreements [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice...
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21st Aug
Practice notes
Interest—reference rates and marginOne way for banks and other financial institutions to generate revenue is by charging interest on the loans they...
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21st Aug
Practice notes
The effect of sanctions on loan agreementsThis Practice Note looks at:•issues that sanctions can pose on lending transactions•the key provisions of...
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20th Aug
Q&As
Where a UK company makes a loan to its non-UK subsidiary, what is the governing law of that loan agreement in circumstances where there is no...
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18th Aug

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