The Financing Contract Agreement serves as the primary legal instrument for documenting lending arrangements in Canada, whether for commercial, corporate, or individual borrowing purposes. This document is essential when establishing formal financing relationships and must comply with both federal and provincial regulatory requirements. It is commonly used for various financing purposes including business expansion, asset acquisition, working capital facilities, or project financing. The agreement incorporates mandatory provisions under Canadian law, including interest rate calculations compliant with the Interest Act, security arrangements under provincial Personal Property Security Acts, and where applicable, consumer protection provisions. The document's structure allows for customization based on the specific financing type while maintaining core elements required for enforceability in Canadian jurisdictions.
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1. Parties: Identification of the lender, borrower, and any guarantors or other relevant parties
2. Background: Context of the financing arrangement and purpose of the loan
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Facility Details: Amount, type of facility, and key terms of the financing
5. Interest and Fees: Interest rate, calculation method, fees, and payment terms
6. Repayment Terms: Schedule of repayments, prepayment provisions, and payment mechanics
7. Conditions Precedent: Conditions that must be satisfied before the facility becomes available
8. Representations and Warranties: Statements of fact and assurances given by the borrower
9. Covenants: Positive and negative obligations of the borrower during the term of the facility
10. Events of Default: Circumstances that constitute default and consequences thereof
11. Security: Description of collateral and security arrangements
12. Boilerplate Provisions: Standard legal provisions including notices, amendments, governing law
1. Guarantees: Terms of any guarantees provided - include when third-party guarantors are involved
2. Insurance Requirements: Specific insurance obligations - include for secured assets or large commercial loans
3. Financial Covenants: Specific financial ratios and requirements - include for corporate borrowers
4. Syndication Provisions: Terms for multiple lenders - include for syndicated loans
5. Currency Provisions: Terms for multi-currency facilities - include for international financing
6. Subordination Terms: Priority and subordination arrangements - include when there are multiple creditors
7. Environmental Covenants: Environmental obligations - include when financing involves real property
8. Change of Control: Provisions dealing with ownership changes - include for corporate borrowers
1. Schedule A - Defined Terms: Comprehensive list of defined terms and their meanings
2. Schedule B - Repayment Schedule: Detailed amortization or payment schedule
3. Schedule C - Security Details: Detailed description of collateral and security arrangements
4. Schedule D - Form of Draw Notice: Template for borrower to request advances under the facility
5. Schedule E - Compliance Certificate: Form for periodic confirmation of covenant compliance
6. Appendix 1 - Permitted Liens: List of pre-approved encumbrances on security
7. Appendix 2 - Subsidiary Information: Details of borrower's corporate structure and subsidiaries
8. Appendix 3 - Insurance Requirements: Detailed insurance specifications and requirements
Relevant legal definitions
Advance
Applicable Law
Applicable Interest Rate
Authorization
Available Facility
Banking Day
Borrower
Business Day
Canadian Dollars
Change of Control
Closing Date
Collateral
Commitment
Compliance Certificate
Conditions Precedent
Confidential Information
Default
Default Interest Rate
Default Notice
Draw Notice
Effective Date
Event of Default
Facility
Facility Amount
Financial Indebtedness
Financial Statements
Governmental Authority
Guarantor
Interest Payment Date
Interest Period
Lender
Loan
Material Adverse Effect
Maturity Date
Permitted Encumbrances
Permitted Liens
Person
Prime Rate
Principal Amount
Repayment Date
Repayment Schedule
Security
Security Documents
Security Interest
Subsidiary
Taxes
Term
Transaction Documents
Applicable Law
Applicable Interest Rate
Authorization
Available Facility
Banking Day
Borrower
Business Day
Canadian Dollars
Change of Control
Closing Date
Collateral
Commitment
Compliance Certificate
Conditions Precedent
Confidential Information
Default
Default Interest Rate
Default Notice
Draw Notice
Effective Date
Event of Default
Facility
Facility Amount
Financial Indebtedness
Financial Statements
Governmental Authority
Guarantor
Interest Payment Date
Interest Period
Lender
Loan
Material Adverse Effect
Maturity Date
Permitted Encumbrances
Permitted Liens
Person
Prime Rate
Principal Amount
Repayment Date
Repayment Schedule
Security
Security Documents
Security Interest
Subsidiary
Taxes
Term
Transaction Documents
Clauses
Interpretation
Facility Terms
Purpose
Availability
Interest and Fees
Repayment
Prepayment
Security
Conditions Precedent
Representations and Warranties
Covenants
Financial Covenants
Information Covenants
Events of Default
Remedies
Assignment and Transfer
Costs and Expenses
Indemnification
Set-off
Confidentiality
Notice Requirements
Amendment and Waiver
Severability
Governing Law
Dispute Resolution
Force Majeure
Entire Agreement
Currency
Tax
Insurance
Environmental Compliance
Change of Control
Anti-Money Laundering
Privacy and Data Protection
Electronic Execution
Facility Terms
Purpose
Availability
Interest and Fees
Repayment
Prepayment
Security
Conditions Precedent
Representations and Warranties
Covenants
Financial Covenants
Information Covenants
Events of Default
Remedies
Assignment and Transfer
Costs and Expenses
Indemnification
Set-off
Confidentiality
Notice Requirements
Amendment and Waiver
Severability
Governing Law
Dispute Resolution
Force Majeure
Entire Agreement
Currency
Tax
Insurance
Environmental Compliance
Change of Control
Anti-Money Laundering
Privacy and Data Protection
Electronic Execution
Relevant Industries
Banking and Financial Services
Real Estate
Manufacturing
Retail
Technology
Healthcare
Construction
Agriculture
Energy
Transportation
Mining
Hospitality
Education
Professional Services
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Credit Administration
Corporate Banking
Commercial Banking
Business Development
Operations
Document Management
Corporate Secretariat
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Finance Manager
Treasury Manager
Credit Risk Manager
Loan Officer
Commercial Banking Manager
Compliance Officer
Corporate Secretary
Financial Controller
Business Development Manager
Account Manager
Risk Assessment Officer
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