The Interest Loan Agreement under Swiss law serves as a fundamental instrument for documenting lending arrangements where money is provided in exchange for interest payments. This document is essential when parties wish to formalize a lending relationship with clear terms regarding interest calculations, repayment schedules, and security arrangements. It's particularly relevant in both commercial and private lending contexts, ensuring compliance with Swiss regulatory requirements, including the Code of Obligations (OR/CO) Articles 312-318 governing loan agreements. The document becomes necessary when parties need to establish legally binding terms for interest-bearing loans, whether for business expansion, asset acquisition, or other financing needs. It includes crucial provisions about interest calculation methods, payment terms, default scenarios, and enforcement mechanisms, all aligned with Swiss legal requirements.
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1. Parties: Identification and details of the lender and borrower
2. Background: Context of the loan agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the loan amount and its intended use
5. Interest Rate and Calculations: Details of interest rate, calculation method, and payment periods
6. Drawdown: Conditions and process for accessing the loan funds
7. Repayment Terms: Schedule and methods of repayment, including principal and interest
8. Representations and Warranties: Standard declarations by the borrower about their status and capacity
9. Borrower Covenants: Ongoing obligations of the borrower during the loan term
10. Events of Default: Circumstances constituting default and consequences
11. Payments: Payment mechanics, currency, and account details
12. Costs and Expenses: Allocation of costs related to the loan agreement
13. Notices: Communication procedures between parties
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Security: Details of any collateral or guarantees securing the loan
2. Syndication Provisions: Required when multiple lenders are involved or loan may be syndicated
3. Insurance Requirements: Specific insurance obligations for secured assets
4. Tax Provisions: Detailed tax considerations and withholding requirements
5. Assignment and Transfer: Rights and restrictions regarding transfer of loan participation
6. Force Majeure: Provisions for unforeseen circumstances affecting loan performance
7. Early Repayment: Terms and conditions for early loan repayment
8. Interest Rate Adjustment: Mechanisms for adjusting variable interest rates if applicable
1. Repayment Schedule: Detailed amortization table showing payment dates and amounts
2. Interest Calculation Examples: Examples demonstrating interest calculation methodology
3. Form of Drawdown Notice: Template for requesting loan disbursement
4. Security Details: Detailed description of any collateral or security arrangements
5. Conditions Precedent Documents: List of required documents prior to loan effectiveness
6. Contact Details: Comprehensive contact information for all parties
7. Form of Compliance Certificate: Template for periodic compliance reporting
Relevant legal definitions
Agreement
Applicable Law
Banking Day
Borrower
Business Day
CHF
Conditions Precedent
Default Interest Rate
Default Notice
Drawdown
Drawdown Date
Drawdown Notice
Early Repayment
Early Repayment Fee
Event of Default
Final Repayment Date
Financial Indebtedness
Governing Law
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Outstanding Amount
Party/Parties
Permitted Purpose
Potential Event of Default
Prepayment Notice
Principal
Repayment Date
Repayment Schedule
Security
Security Documents
Swiss Francs
Tax
Term
Utilization
Applicable Law
Banking Day
Borrower
Business Day
CHF
Conditions Precedent
Default Interest Rate
Default Notice
Drawdown
Drawdown Date
Drawdown Notice
Early Repayment
Early Repayment Fee
Event of Default
Final Repayment Date
Financial Indebtedness
Governing Law
Interest Payment Date
Interest Period
Interest Rate
Lender
Loan
Loan Amount
Material Adverse Effect
Maturity Date
Outstanding Amount
Party/Parties
Permitted Purpose
Potential Event of Default
Prepayment Notice
Principal
Repayment Date
Repayment Schedule
Security
Security Documents
Swiss Francs
Tax
Term
Utilization
Clauses
Interpretation
Loan Facility
Purpose
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Security
Representations and Warranties
Information Undertakings
General Undertakings
Financial Covenants
Events of Default
Acceleration
Set-off
Assignment and Transfer
Costs and Expenses
Indemnities
Calculations and Evidence
Amendments and Waivers
Notices
Confidentiality
Currency
Tax Gross-up
Severability
Counterparts
Force Majeure
Data Protection
Anti-Money Laundering
Governing Law
Jurisdiction
Dispute Resolution
Loan Facility
Purpose
Conditions Precedent
Drawdown
Interest
Repayment
Prepayment
Security
Representations and Warranties
Information Undertakings
General Undertakings
Financial Covenants
Events of Default
Acceleration
Set-off
Assignment and Transfer
Costs and Expenses
Indemnities
Calculations and Evidence
Amendments and Waivers
Notices
Confidentiality
Currency
Tax Gross-up
Severability
Counterparts
Force Majeure
Data Protection
Anti-Money Laundering
Governing Law
Jurisdiction
Dispute Resolution
Relevant Industries
Banking & Financial Services
Real Estate
Commercial Lending
Private Banking
Corporate Finance
Small Business
FinTech
Investment Management
Private Equity
Asset Management
Construction
Manufacturing
Retail
Relevant Teams
Legal
Finance
Treasury
Risk Management
Compliance
Corporate Banking
Credit Administration
Investment
Operations
Business Development
Relevant Roles
Chief Financial Officer
Finance Director
Legal Counsel
Corporate Lawyer
Risk Manager
Credit Officer
Loan Officer
Treasury Manager
Compliance Officer
Financial Controller
Investment Manager
Business Development Manager
Account Manager
Corporate Banking Manager
Contract Administrator
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