Structure of a facility agreement for construction projects
Published by a LexisNexis Construction expert
Practice notesStructure of a facility agreement for construction projects
Published by a LexisNexis Construction expert
Practice notes
What is a facility Agreement?
Many construction projects, particularly larger ones, require external funding from banks or other Lenders to finance them during the construction process. The Borrower will typically enter into a facility agreement with the lender (or group of lenders), which records the terms and conditions of the arrangement.
Typical structure
The detailed contents of a facility agreement will differ depending on a number of factors including the type of facility being offered and what the facility is to be used for. The principal aim of a facility agreement is, however, to ensure that the lender's capital is repaid when due and that the lender makes the profit it expects on the loan at the time agreed. Most facility agreements will therefore share very similar types of provisions, often arranged in a similar basic structure. This Practice Note discusses the usual components of a bilateral, committed, facility agreement to a corporate borrower for a construction or development project. Please note that in many cases the parent company of the borrower may also be
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Jurisdiction(s):
United Kingdom
Key definition:
Agreement definition
What does Agreement mean?
Agreement is broadly defined under EU and UK competition law so as to include activities ranging from a legally enforceable contract between two or more parties to an informal albeit clear understanding, whether entered into in writing or verbally.
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