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Pre Financing Agreement
"I need a Pre-Financing Agreement for a €5 million construction project in Vienna, where the bank requires first-ranking security over the property and personal guarantees from company directors, with drawdown scheduled for March 2025."
1. Parties: Identification and details of the financing party and the recipient
2. Background: Context of the financing arrangement and purpose of the agreement
3. Definitions and Interpretation: Definitions of key terms and rules of interpretation
4. Facility Amount and Purpose: Specification of the financing amount and its intended use
5. Conditions Precedent: Conditions that must be satisfied before the financing becomes available
6. Drawdown Mechanics: Procedures and requirements for accessing the financing
7. Interest and Fees: Interest rates, calculation methods, and applicable fees
8. Repayment Terms: Schedule and methods of repayment
9. Representations and Warranties: Statements of fact and assurances given by the recipient
10. Covenants: Ongoing obligations of the recipient during the term of the agreement
11. Events of Default: Circumstances that constitute default and their consequences
12. Termination: Circumstances and procedures for ending the agreement
13. Notices: Communication procedures between parties
14. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
15. Miscellaneous: Standard boilerplate provisions including severability, entire agreement, and amendments
1. Security: Details of any collateral or security arrangements - include when financing is secured
2. Guarantee: Terms of any guarantee provided - include when there is a guarantor
3. Assignment and Transfer: Rights to assign or transfer the agreement - include for larger financing arrangements
4. Tax Provisions: Detailed tax implications and responsibilities - include when tax matters are complex
5. Insurance Requirements: Specific insurance obligations - include when asset-based financing
6. Information Undertakings: Detailed reporting requirements - include for corporate borrowers
7. Account Operation: Specific account management requirements - include when designated accounts are required
8. Force Majeure: Provisions for unforeseen circumstances - include when specifically requested
1. Schedule 1 - Conditions Precedent Documents: List of required documents to be provided before financing
2. Schedule 2 - Form of Drawdown Notice: Template for requesting disbursement of funds
3. Schedule 3 - Repayment Schedule: Detailed schedule of repayment dates and amounts
4. Schedule 4 - Fee Schedule: Detailed breakdown of all applicable fees
5. Schedule 5 - Form of Compliance Certificate: Template for periodic compliance confirmation
6. Appendix A - Security Documents: Forms of security documents if applicable
7. Appendix B - Required Insurance: Details of required insurance coverage if applicable
8. Appendix C - Calculation of Interest: Detailed methodology for interest calculations
Authors
Agreement
Authorized Representative
Available Facility
Banking Day
Business Day
Commitment
Conditions Precedent
Default
Default Interest
Default Rate
Drawdown
Drawdown Date
Drawdown Notice
Effective Date
Event of Default
Facility
Facility Amount
Finance Documents
Financial Indebtedness
Financial Statements
Financing Party
Interest Payment Date
Interest Period
Interest Rate
Legal Reservation
Material Adverse Effect
Maturity Date
Outstanding Amount
Party/Parties
Payment Date
Permitted Purpose
Project
Project Documents
Recipient
Reference Banks
Repayment Date
Repayment Schedule
Security
Security Documents
Security Interest
Signing Date
Subsidiary
Tax
Term
Transaction Documents
Utilization
VAT
Facility Terms
Purpose
Conditions Precedent
Drawdown
Interest
Fees
Repayment
Prepayment
Security
Representations and Warranties
Information Undertakings
Financial Covenants
General Undertakings
Events of Default
Acceleration
Payment Mechanics
Set-off
Assignment and Transfer
Costs and Expenses
Indemnities
Confidentiality
Notices
Calculations
Amendments and Waivers
Severability
Counterparts
Third Party Rights
Governing Law
Dispute Resolution
Force Majeure
Tax Gross-up
Currency
Account Operations
Anti-Money Laundering
Sanctions Compliance
Data Protection
Insurance
Termination
Banking and Financial Services
Construction and Real Estate
Manufacturing
Infrastructure Development
Energy
Technology
Export and Trade
Healthcare
Agriculture
Transportation and Logistics
Retail
Professional Services
Legal
Finance
Treasury
Compliance
Risk Management
Commercial
Operations
Credit
Business Development
Corporate Affairs
Procurement
Chief Financial Officer
Finance Director
Treasury Manager
Legal Counsel
Corporate Lawyer
Banking Relationship Manager
Credit Risk Manager
Project Finance Manager
Commercial Director
Compliance Officer
Financial Controller
Business Development Manager
Contract Manager
Risk Management Officer
Operations Director
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